Law: Provincial Small Cause Courts Act (IX of 1887)

Section: 15, 23

(On appeal from the judgment and order of the High Court of East Pakistan, Dacca, dated the 12th February 1970, in Civil Revision Case No. 834 of 1969). (a) Provincial Small Cause Courts Act (IX of 1887) S. 15, Second Sched., Arts. 4 & 11-Jurisdiction-Ejectment-Small Cause' Court granting decree directing tenant to quit suit premises Subsequent observation of Court that if tenant did not vacate, land lord would be entitled to evict him and recover khas possession Would not make decree one for possession-Such observation merely indicated what would happen in event of not obeying decree-Matter really pertained to executing Court and not to Small Cause Court and order to vacate premises was alone sufficient-Decree was, nonetheless, one for ejectment and within competence of Small Cause Court.                         (b) Provincial Small Cause Courts Act (IX of 1887),  S. 23 Plaint, return of-Plaint involving question of title to immovable property-Small Cause Court has discretion either to return or retain such plaint. Ahmad Shah Khan v. Abul Barkat P L D 1960 Dacca 107 ref. (c) Supreme Court-Practice and procedure-Issue neither raised in trial Court nor in High Court-Cannot be allowed to ha raised in Supreme Court. Date of hearing : 12th June 1970. JUDGMENT HAMOODUR RAHMAN; C. J.-This is a petition for special leave to appeal from a judgment of a learned Single Judge of the High Court of East Pakistan in a revision petition under section 25 of the Provincial Small Cause Courts Act, 1887. The respondent herein claiming to have acquired the ownership of the property in dispute under a registered deed of lease (Exh. 4) executed in his favour, by the Shebait of a Debuttor Estate, sought to evict the petitioner there from, upon the allegation that he was a monthly tenant under the plaintiff who had defaulted in paying rents for a long time and had sub-let a part of the premises without any permission of the plaintiff. A notice under section 106 of the Transfer Property Act had also been duly served upon him on the 11th of March 1967, to quit…