Findlay, O J C—The Plaintiff-applicant 1, the widow of Nago's case was that her husband had let the house in suit to the non-applicant Bakaram. The non-applicant's case was that Nago's aunt Mt. Mani was presumably the landlady. The lower Court, in view of this conflict, held that the question of relief in the suit depended on the proof or disproof of title to the immovable property and accordingly returned the plaint to the plaintiff for submission to an ordinary civil Court.

2. I think this action on the part of the Small Cause Court was quite premature until the Judge thereof had definitely adjudicated upon the question of who the non-applicant's lessor was. On that point there might have been at least two findings, if not more, viz., that Nago was the lessor or that Mt. Mani was the' lessor. On either alternative an entirely different set of legal incidents would arise. If Nago was lessor, a presumption might arise under S.116 of the Indian Evidence Act. If Mt. Mani was the lessor, it is possible, although not inevitable, that it might be found necessary to send the case to the ordinary civil Court. Moreover in this connexion, even if Mt. Mani was the actual owner but the