Sudhir Narain, J. - (1.) This writ petition is directed against the order dated 12.9.1981 passed by respondent No. 1 remanding the case to the Judge Small Causes Court for deciding the suit afresh keeping in view the observations made in the above order.
(2.) The facts. In brief, are that Dhani Ram, respondent No. 2 filed Suit No. 1603 of 1978 against the petitioner in the Court of Judge Small Causes Court. Kanpur for recovery of arrears of rent, ejectment and damages on the allegation that one Shivanand Pandey was the owner of House No. 107/194, Nehrunagar, Kanpur. The petitioner was his tenant at monthly rent of Rs. 18. He sold the house in question to respondent No. 2 on 18.1.1977 which was registered on 2.3.1977. The petitioner was in arrears of rent from 2.3.1977 to 26.11.1978. He was given a notice to pay arrears of rent but as he failed to pay the rent, inspite of service of notice, the suit was filed.
(3.) The petitioner filed written statement and denied that there was any relationship of tenant and landlord between him and Shivanand Pandey. He alleged that he was living in Premises No. 107/194A which he had constructed himself for the last about 20 years. Shivanand Pandey was the owner of House No. 107/194. He entered into agreement to sell in respect of that house for Rs. 18,000. He paid Rs. 4.000 in advance and was put into possession of the house in question. He further pleaded that he instituted Suit No. 520 of 1979 which was pending in the Court of find Civil Judge for specific performance of the agreement to sell. The Judge Small Causes Court dismissed the suit on 7.3.1980 on the finding that the plaintiff failed to establish the relationship of landlord and tenant. The plaintiff-respondent filed revision No. 65 of 1960. During the pendency of the revision, he also admitted additional evidence under Order XLI. Rule 27. The petitioner also filed evidence in rebuttal. On consideration of the material on the record, he has remanded the case to the Judge Small Causes Court by his impugned order dated 12.9.1981 to decide the suit afresh keeping in view the observations made in the judgment and the material on the record. This order has been challenged in the present writ petition.;