S.U.Khan, J. - (1.) This is tenant's writ petition. Respondent No. 2 Smt. Ram Dulari has filed eviction suit against petitioner claiming herself to be landlady and petitioner to be the tenant in the form of SCC Suit No. 7 of 2000 before JSCC, Jhansi. The plaintiff filed application stating therein that he was not tenant of the plaintiff and suit was not maintainable and the said question shall be decided as a preliminary issue. In the suit defendant-petitioner filed preliminary objection and requested the Court that first it must be decided as to whether plaintiff was landlady-owner or not. The trial Court in its order mentioned that the suit was of SCC nature hence there was no question of framing issues and decide any issue as preliminary issue. The said order was passed by JSCC on 17.4.2004. Against the order revision was filed which was registered as revision No. SCC revision No. Nil of 2007. After condonation of delay, additional District Judge/In-charge District Judge, Jhansi dismissed the revision in limine on 15.9.2007 hence this writ petition.
(2.) I do not see least error in the impugned orders. SCC suits are decided on one day. The leisurely pace of regular suits of framing issues then deciding certain issues as preliminary issue is not applicable to SCC suits. Absolutely nothing has yet been decided against the petitioner. It is needless to add that in case petitioner is able to prove that there is no relationship of landlord and tenant in between him and plaintiff then suit will be dismissed. However, in SCC suit nothing requires to be decided as preliminary issue.
(3.) Writ petition is dismissed. Trial Court is directed to decide the suit positively within four months from the date of receiving a certified copy of this order. Absolutely no un-necessary adjournment shall be granted to any of the parties. If the Court below is inclined to grant any adjournment to any of the parties, then it shall be on very heavy cost, which shall not be less than Rs. 500/- per adjournment.;