- (1.) Heard Sri Ashwani Kumar Mishra, learned counsel for the petitioner and Sri Shrikant, learned counsel representating the respondents Nos. 3, 4, 5 and 6. Asserting themselves to be the owner-landlord of the house in dispute and the petitioner as their tenant therein, the respondents Nos. 3, 4, 5 and 6, hereinafter called the respondents-II set, instituted in the Court of Judge Small Causes, Deoria, Suit No. 29 of 1978, for ejectment of the petitioner from the disputed house. It appears, the petitioner pleaded that its status in the disputed house was not that of a tenant; that the respondents-II set were not the owner-landlord of the house in question; and that the Court of Judge Small Causes lacked jurisdiction to try the suit as it involved the determination of question of title to the house in dispute.
(2.) The plea of the petitioner with regard to jurisdiction was upheld and an order directing return of the plaint, under S. 23 of the Provincial Small Cause Courts Act, 1887, was passed.
(3.) Consequent upon the said order for return of the plaint, the respondents-II set presented the plaint in the Court of Munsif, Deoria, which was registered as Suit No. 1265 of 1981. Before the Munsif, the petitioner raised a plea with regard to inadequacy of the valuation of the suit and insufficiency of court fees paid by the respondents-II set.;