JUDGMENT :

1. When the learned Single Judge had referred the matter for being placed before a Larger Bench on 18.5.2023, Hon’ble the Chief Justice placed the case before this Court. Following is the question which the learned Single Judge had referred :-

“1) In case of disputing the landlord-tenant relationship by the revisionist-defendant upon the application under Order XV Rule 5 CPC (U.P. Amendment), as to whether it is required on the part of the SCC Court to decide the landlord-tenant relationship first or not, before proceeding to pass final order on the application.”

2. Heard the learned counsel for the applicant in the Revision Sri Iqbal Ahmad and the counsel for the respondent-opposite party Sri Ashish Agrawal.

3. Briefly stated facts of the case are that a Suit being S.C.C. Suit No. 10 of 2017 was filed by the plaintiff-respondent on the ground that there were arrears of rent which had not been paid by the defendant and, therefore, a prayer was made that the defendant be evicted from the premises, the boundaries of which were given at the bottom of the plaint. Further prayer was that the tenant be directed by a mandatory decree to deposit Rs. 1,51,333/-with the plaintiff-res