Sangeeta Chandra, J. - (1.) I have heard learned counsel for revisionists, Shri Lokesh Kumar Dwivedi and learned counsel appearing for Respondent No. 1, Mr. Prabhakar Awasthi and Mr. Kumar Ashutosh Srivastava appearing for Respondent No. 2/1.
(2.) It has been submitted by the revisionist that by the impugned order dated 07.03.2018 the Special Judge (EC Act)/Additional District Judge, Allahabad has returned the SCC Suit No. 19 of 2011 on the ground that under Section 23 of the Provincial Small Cause Court Act, 1887 since title of property is in dispute and a regular suit is pending for the same, he cannot decide the SCC Suit for arrears of rent and eviction of tenant.
(3.) It has been submitted by learned counsel for revisionists that initially one Smt. Parwati Devi widow of late Rameshwar Prasad Gupta was the owner of the property in dispute and she had entered into a Rent Agreement with Respondent No. 1, Ramesh Chandra Jaiswal on 20.04.2009 which Lease Deed was valid up to 20.08.2010 @ Rs.20,000/- per month. The demised property is a Dal Mill situated at Mutthiganj and is run by respondent No. 1.;