FAZALUR REHMAN Vs. GOPAL SAHU

JUDGEMENT

(1.) Heard Sri Kshitij Shailendra, learned counsel for the defendant-revisionist.

(2.) The instant revision has been filed by the defendant against the order dated 30.01.2016 passed by the Additional District Judge, Court No.2, Moradabad/Judge, Small Causes Court, Moradabad in JSCC Suit No. 30 of 2014 by which point/issue no.5, as to whether the JSCC Court has jurisdiction to hear the suit in view of dispute of title, has been decided against the applicant.

(3.) A perusal of the record would go to show that the plaintiff/opposite party instituted JSCC Suit No. 30 of 2014 alleging that the defendant/revisionist was tenant of the premises whose erstwhile owner/landlord was plaintiff's grandfather. It was claimed that the plaintiff's grandfather died on 16.05.2010 leaving a Will dated 01.01.2010 in favour of the plaintiff and pursuant to the said Will, the plaintiff became the exclusive owner/landlord of the accommodation in dispute and was, therefore, entitled to institute suit for arrears of rent and eviction.