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1990 Supreme(All) 231

M.P.SINGH
MUNNI DEVI – Appellant
Versus
XTH ADDL. DIST. AND SESSIONS JUDGE, AGRA – Respondent


Advocates Appeared:
Ramendra Asthana

M. P. SINGH, J.

( 1 ) THE petitioners are the tenants of house No. 23/259, Jeoni Mandi, Agra.

( 2 ) THE landlords filed suit No. 482 of 1969 in the Court of Judge Small Causes for arrears of rent and for ejectment. The case set up was that the rent up to 31-1-1967 was due to be paid by the petitioner. Their tenancy was terminated by means of the notice dated 9-2-1967.

( 3 ) THE petitioners denied the plaint allegations. It was stated that they were not in default. The entire rent was paid but the receipts were not issued to them. The frame of the suit was also defective since all the landlords have not joined the suit.

( 4 ) THE suit was decreed by the trial Court against which the petitioners filed a revision which too was dismissed on 26-7-1989.

( 5 ) HEARD Sri Ramendra Asthana, learned counsel for the petitioners and perused the record.

( 6 ) THE first contention raised by the learned counsel for the petitioner was that since in this case the title of the landlord was disputed, the Judge Small Causes ceased to have any jurisdiction to decide the suit. This submission has got no force and is rejected for the following reasons.

( 7 ) IT appears that the point has not been raised be










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