- (1.) RAJESH Tandon, J. Heard Sri Sarvesh Agarwal, counsel for the revisionist.
(2.) BY the present revision filed un der Section 25 of the Provincial Small Cause Courts Act, the applicant has prayed for setting aside the order dated 10th September, 2002 by which the plaint has been directed to be returned to the plaintiff for presentation before regular court as it involves question of title of the land and house in suit. Briefly stated, a suit was filed by the plaintiff/applicant praying for the eviction of the defendant alleging him self to be the owner and landlord of the premises and defendant is month to month tenant at the rate of Rs. 600/-per month from 1st April, 1995. The plaintiff has stated in the suit that the defendant has paid the rent for April, 1995 and thereafter has failed to pay the rent from 01. 05. 1995. The plain tiff sent a notice to the defendant on 18. 05. 1998, which was refused by the defendant on 20. 05. 1998 in spite of the fact that the notice was in the knowledge of the defendant and he has failed to vacate the premises and a sum of Rs. 22,560 has become due toward the de fendant.
(3.) THE defendant has filed a writ ten statement denying the averments mentioned in the plaint that there is no relationship of landlord and tenant and he is not liable to pay any rent to the plaintiff. In paragraph 11 of the written statement, it has been stated that the defendant has paid a sum of Rs. 17,000/- and thereafter, he has constructed his own premises.;