SATISH CHANDRA, C. J.

( 1 ) A learned single Judge has referred the follow ing question of law for decision by a larger bench:

"whether in a case where the lessor is a private person and the lessee is Government the suit can be filed before the Court of Small Causes in view of Entries (1) and (4) of Second Schedule of the Provincial Small Cause Courts Act?"

( 2 ) THE petitioner is the landlord of a premises which was under the tenancy of the State government. The petitioner terminated the tenancy and after giving the usual notice under section 80, C. P. C. filed the present suit for the ejectment of the Government department which was in occupation of the accommodation. The suit was filed in the Small Cause Court. The suit was contested but was decreed by the trial court. The defendant went up in revision. The learned district Judge held that the suit was not cognizable by the Small Cause Court. He, instead of returning the plaint for presentation to the proper court, dismissed it. Hence the present writ petition at the instance of the landlord.

( 3 ) THE learned District Judge held that the Small Cause Court has no jurisdiction to entertain the suit on the basis of a single Judge d

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