AIR 2001 SUPREME COURT 1 ::2000 AIR SCW 3793 ::2000 ALL. L. J. 2811 ::(2000) 2 All RentCas 770 ::(2001) 1 UC 107 ::2000 (8) SCC 123 ::(2000) 7 Scale 197 ::(2002) 1 ALD(CRL) 61 ::2001 (42) All LR 131 ::(2001) 1 All WC 54 ::(2000) 2 RenCR 509 ::(2001) 1 RentLR 595 ::(2000) 2 RenCJ 628 ::(2000) 7 Supreme 153 ::2000 (1) JT (Supp) 606 ::2000 (9) SRJ 451

Supreme Court Of India

(From : 2000 All LJ 323 : 2000 AIHC 1370)

Hon'ble Judge(s): M. B. Shah, D. P. Mohapatra , JJ

Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act (13 of 1972) , S.20— Provincial Small Cause Courts Act (9 of 1887) , S.23(1)— Eviction suit - Ground, denial of Landlord's title by tenant - Suit entertainable by small cause court - Since question of title raised in suit is incidental question which small cause court could consider. Section 23 of Small Cause Courts Act provides that when the right of a plaintiff and the relief claimed by him in a Court of Small Causes depends upon the proof or disproof of a title to immovable property or other title which such a Court cannot finally determine, the Court may at any stage of the proceedings return the plaint to be presented to a Court having jurisdiction to determine the title. The power vested under sub-section (1) in the Court is discretionary. It is to be exercised only when the relief claimed by the plaintiff in the proceeding before the Small Cause Court depends upon the proof or disproof of a title to the immovable property and the relief sought cannot be granted without determination of the question. In the present case, the plaintiff filed a petition for eviction under S. 20(2)(f) of U. P. Act alleging that she was the landlady of the house and she had inducted respondent as tenant of the premises. The question was whether that case was to be accepted or not. The question of ....