ORDER

Bajpai, J. - This is a defendant's application in revision against a decree passed against him by a Judge of the Small Cause Court at Agra. The plaintiff brought a suit for the recovery of a sum of Rs. 45 against the defendant on the allegation that the said sum was due for arrears of rent for seven months; the rent was claimed at the rate of Rs. 10 a month for two months and Rs. 5 a month for five months. It was said that the plaintiff was the owner of two shops which the defendant had taken on rent, but about the end of March 1933 one of the shops was sold at an auction and purchased by a third party and thus the defendant was liable to pay the rent of only one of the shops after the auction-sale. The defence was that only one month's rent was due and the defendant thus admitted the liability to the extent of Rs. 10. He went on to say that for the last six months the shops were in the ownership of a third person who had purchased them at an auction-sale and the rent had been regularly paid to this third person. It was then said that as the title of the plaintiff to the shops was denied, the plaint should have been returned for presentation to a Court, having jurisdiction to