( 1 ) A Label or the substance ? Which one of them determines the real nature of relationship between the parties in a suit where the plaintiff has claimed recovery of possession of the premises ? After answering the aforesaid question we are faced with the question can an authority invested with two different jurisdictions exercise both the jurisdictions simultaneously in one and the same proceeding notwithstanding the fact that the original forum may be differennt and the procedure laid down in respect of exercise of both the jurisdictions may also be entirely different. Putting it in simple form can you ride two horses together simultaneously notwithstanding the fact that the starting point as well as the tracts charted out for onward journey by both the horses are fundamentally distinct and separate ? The aforesaid questions arise in the backdrop of the following facts and circumstances:

( 2 ) THE respondent-original plaintiff filed a suit in the court of Civil Judge (JD) Nadiad for recovery of vacant possession of residential premises occupied by the petitioners-original defendants. The petitioners-defendants are the heirs and legal representatives of one Parsho