K. Narayan, J. - (1.) Plaintiff O.P. No. 2 here namely Wahid Ali brought Suit no. 186 of 84 before the Judge Small Cause Gorakhpur wherein the present petitioner raised a plea that Wahid Ali was not his landlord and desired that the plaint should be returned for presentation to proper court under section 23 of the Provincial Small Causes Court Act. The matter was considered by the Judge Small Causes and by his order dated. 6.7.85. He give a finding that section 23 of the Small Causes Court Act would not bar his jurisdiction and there was no occasion for return of the plaint for presentation to proper court. Mubarak Ali, the present petitioner, went up in revision, which was dismissed by the IVth Additional District Judge, Gorakhpur by his order dated. 15.10.85. He has now moved this petition in the writ jurisdiction desiring an order in the nature of .certiorari quashing the orders of the two courts below.
(2.) Wahid Ali, respondent no.1, here died during the pendency of the petition, and his legal heirs have been brought on record.
(3.) Though it may not be necessary but may I mention that there is a long history of litigation between the parties. For-merely Wahid Ali and his son Juncd Beg had brought a suit for eviction of the tenant Mubarak Ali with the contention that though the title deeds were in the name of Juned Beg the house was owned by Wahid Ali as the transaction of ownership was Benami, and both of them were plaintiffs in that case. The question of title and relationship of landlord and tenant was considered by the Judge Small Causes as well as in the Court of revision , but this court need not go into the details thereof. Ultimately order passed in those proceedings were admittedly set aside in the writ jurisdiction on the ground of comparative need. The question of title was not touched in the writ petition.;