JUDGMENT - B.G. DEO, J.:---This revision application under section 25 of the Provincial Small Cause Courts Act, 1887, challenging the judgment and decree of ejectment and arrears of rent and mesne profits passed by the learned Additional Judge, Small Causes Court, Nagpur on 25-3-1985 in Civil Suit No. 592 of 1981, against the applicant-defendant Wilfred Lovette, raises an important question as to whether Small Causes Court loses jurisdiction in an ejectment suit, as soon as the defence is raised in the written statement under section 53-A of the Transfer of Property Act, 1882, contending inter alia that the defendant is in possession of the suit premises in part performance of a contract for sale of the suit property by virtue of an agreement in writing executed by the owner, and that the plaintiff being a transferrer of the suit property by a sale-deed from the owner is debarred from enforcing against the transferor-defendant under section 53-A of the Transfer of Property Act any right in respect of the property of which the defendant-transferee has taken or continued in possession.

2. Incidentally, it has also to be considered whether a Division Bench ruling of this Court in (Pra

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