- (1.) D. C. Srivastava, J. These two revisions can be disposed of, at the admission stage, through a common judgment.
(2.) LEARNED Counsel for the revisionist has been heard in both the revisions. Civil Revision No. 453 of 1995 arises out of judgment and decree dated 30th May, 1995 of VIIIth Additional District Judge/judge Small Causes Court, Bareilly, granting a decree for eviction, arrears of rent, mesne profits etc. against the revisionist, whereas Civil Revision No. 370 of 1995 arises out of findings on two issue Nos. 5 and 7 in the aforesaid small cause suit given on 24th November, 1994. The opposite-party filed a suit for eviction against the defendant-revisionist, alleging that the defendant was tenant in a portion of the house on monthly rent of Rs. 1000 besides other charges and taxes. His tenancy was determined through a notice and thereafter suit for eviction was filed.
(3.) THE suit was contested on variety of grounds. It was denied that the plaintiff opposite-party is owner of the disputed house. On the other hand, the plea was that Avas Vikas Parishad is the owner of the house because no sale-deed was executed by Avas Vikas Parishad in favour of the plaintiff opposite- party. Consequently it was pleaded that Avas Vikas Parishad is a necessary party. Another consequential plea was that since the question of title is involved, the suit was not cognizable to Small Cause Court ; rather the plaint should have been returned for presentation before the competent civil court under Section 23 of the Provincial Small Cause Court Act. THE relationship of landlord and tenant was denied by the revisionist. It was pleaded that the revisionist was licensee of the plaintiff opposite-party and was taking care of the property of the opposite party, who resided essentially at Delhi. Service of notice was not disputed. Notice was replied. The court below framed nine issues. Issue Nos. 5 and 7 were decided as preliminary issues and against those findings Civil Revision No. 370 of 1995 was filed. Other issues were decided in the final judgment, out of which Civil Revision No. 453 of 1995 arises.;