- (1.) THIS is a revision under Section 115, Civil P. C. and it is directed against the judgment and decree of the City Munsif of Saharanpur, dismissing the suit filed by the applicant, Sardar Jiwan singh, under Sub-section (4) of Section 5 of the United Provinces (Temporary) Control of Rent and Eviction Act (No. 3 of 1947), against Mazhar Khan, the opposite party. The applicant occupies a house, situate in the city of Saharanpur, of which the opposite party is admittedly the owner. It appears, that the City Magistrate of Saharanpur who, I am told, has been authorised by the District Magistrate of Saharanpur to perform his functions under the Act, allotted the house to the applicant and "ordered him to get the fair rent of the house fixed by a civil Court. " accordingly, the applicant instituted the suit which has given rise to this revision. The applicant alleged that the house had been assessed by the Municipal Board, Saharanpur, on a monthly rental of Rs. 5/8/-, and that on its basis the reasonable monthly rent works out to Rs. 6/14/- but the opposite party refused to accept the same. The opposite party contested the suit on the ground that the applicant was not his tenant, and that he was in possession of the house as a trespasser. He further alleged that he was not the Sole owner of the house, which also belongs to his mother and sister.
(2.) THE learned Munsif of Saharanpur found that the applicant was not the tenant of the house and as such the suit was not maintainable. In this view of the matter, he dismissed the suit. Accordingly, the applicant has filed this revision.
(3.) LEARNED counsel for the applicant has contended that, in the circumstances of the case, it was not open to the opposite party to deny the tenancy but, in my opinion, it was unnecessary to consider the question of tenancy inasmuch as the suit was clearly not maintainable under sub-section (4) of Section 5, Control of Rent and Eviction Act.;