Tarun Agarwala - (1.) -The plaintiff filed a Suit No. 150 of 1973 alleging that he is the owner of the premises in question and that the defendant was the tenant and that he had paid the rent upto 23.2.1966 and thereafter, did not pay the rent. The plaintiff served a notice of demand and also terminated his tenancy and thereafter, the suit was filed.
(2.) THE defendant contested the suit and denied the relationship of landlord and tenant between the parties. THE defendant contended that his father had built the house and that he was in possession of the premises in question as owner and not as a tenant. It transpires that the Judge Small Cause Court by order dated 12.12.1974 passed an order holding that a question of title is involved in the suit and therefore, the suit should be transferred to the court of Munsif. In pursuance of this order, the suit was transferred to the court of Munsif. The trial court after recording the evidence determined the point in controversy and decreed the suit of the plaintiff holding that the defendant was the tenant and that he was in arrears of rent.
(3.) AGGRIEVED by the decree passed by the trial court, the defendant filed a revision under Section 25 of the Provincial Small Cause Courts Act. The District Judge vide judgment and order dated 13.4.1984, allowed the revision holding that since disputed question of title was involved the same could not be decided in proceedings arising under the Provincial Small Cause Courts Act. The District Judge, therefore, allowed the revision and set aside the judgment of the trial court with the direction that the trial court should return the plaint to the plaintiff for presentation to the proper court. Aggrieved by the order of the District Judge, the plaintiff has filed the present writ petition.;