1. This petition filed under Article 227 of the Constitution is directed against the order dated 20.8.2007, whereby the application preferred under Order 1 Rule 10 CPC by present petitioner is rejected by Court below. Brief facts necessary for adjudication of this matter are as under:-

2. It is stated by the petitioner that the suit filed by respondent/plaintiff was mischievous in nature. The plaintiff is not the owner of the premises, indeed petitioner is the owner of the premises. The plaintiff contended before the Court below that he has purchased the land in question from Krishna Swaroop (petitioner), Vishnu Swaroop and Kailash Narayan on 30.4.1965. As per condition of the deed, amount has not been paid and therefore, plaintiff became the owner. Just after one day of execution of the deed, a rent note was prepared and as per rent note, one of the vendor Kailash Narayan became the tenant. By drawing attention of this Court on rent note it is stated that it is forged document because the rent note contains the date of 1.5.1965, whereas stamps were purchased on 6.5.1965, rent note is filed as Annexure-P/4. Plaintiff filed the suit stating that he is the owner of the premises a