Raghubansh Mani and Another vs Special Judge and Others

Anjani Kumar, J.—Heard learned counsel for the parties.

The brief facts of the case are that a suit was filed by the landlord for eviction and arrears of rent against the tenant respondent No. 3, the trial court after hearing the parties and going through the evidence on record came to the conclusion that since the question of title is involved, the small cause court have no Jurisdiction to adjudicate upon the question involved in the suit, therefore, the suit was wrongly presented, before the small cause court. Aggrieved thereby, the petitioners-landlord preferred revision and the revisional court upheld the order of the trial court. Learned counsel appearing on behalf of the petitioners argued that though he has no dispute regarding the findings of the lower courts, which have arisen for sake of the arguments, but the question is that the Court may take up the case and the suit be returned to the petitioners for presentation before the appropriate court. Learned counsel has relied upon the decision of the Hon''ble Supreme Court in Rajendra Tiwary Vs. Basudeo Prasad and Another, , wherein Hon''ble Supreme Court has held that the findings recorded by the trial court as well as the revisional court as in present petition do not preclude the petitioners from filing a suit for declaration of title and for recovery of the possession of the suit premises.

In this view of the matter, the writ petition is disposed of finally with the direction that the orders impugned in the present petition, do not preclude the petitioners to file a suit for declaration of title and for recovery of the possession of the suit premises. The trial court is directed to return the suit to the petitioner for its presentation before the appropriate court.