2006 Supreme(All) 1631

[2006(5) ADJ 8 (NOC)]
ALLAHABAD HIGH COURT
BEFORE : PRAKASH KRISHNA, J.
RAM DEO .....Applicant
Versus
RAM NARESH AND ANOTHER ....Respondents
(Civil Revision No. 711 of 1985, decided on 26th May, 2006)

Headnote:Provincial Small Cause Courts Act, 1887—Section 23—Civil Procedure Code, 1908—Sections 10 and 151—Plaints—Return of, in suits, involving question of title—Jurisdiction under Section 23(1), of the Act was discretionary—It was to be exercised only when relief claimed by plaintiff, in proceedings before S.C. Court depends upon proof, or disposal of title to immoveable property—Ansd relief sought, cannot be granted, without determination of question—Institution of suit by plaintiff, on ground of default in payment of rent and sub-letting, and that provisions of Rent Act, was not applicable—Trial Court has still to decide aforesaid question—And has to arrive at a conclusion as to whether agreement, or contract of tenancy, as pleaded by plaintiff was proved, or not—J.S.C.C. was competent to decide question of title incidentally—However, decision on question of title would be subject to final decision by Civil Court, in a suit to be tried on regular side—Therefore, in view of Section 23 of Act of 1887, Court directed to proceed to decide suit, in accordance with law and also question of title incidentally—Therefore, revision liable to be dismissed.