Provisional Small Cause Court Act, the tenant had relied upon the judgment rendered by the Hon'ble Supreme Court in Bhagmani Devi Vs. VIIIth Additional District Judge, Varanasi and another, 2012 (volume-1) AWC 179 to contend that the title of the property was in dispute as it was built up on plot Nos. 9 and 16 of Mauja Baghara, Jahiruddin, which was a government Estate land. It has also been stated by the revisionist that the plaintiff had applied for sanction of plan to construct Group Housing Flats on Plot No. 58/25, Moti Lal Nehru Road, Allahabad and the title being disputed by the tenant, a letter had been sent on 12.08.2005 by the Allahabad Development Authority to the SDM, Sadar who informed the OSD, Allahabad Development Authority after examination of record and due inquiry by his letter filed as Paper No. 54 C/3, that it was recorded as N.Z.A. in Category 15(2), as Abadi, Road, Railway etc. situated at Village Baghera, Jahiruddin, Tehsil Sadar, Allahabad and recorded as Govt. Estate land in Revenue Records. On the basis of the said letter, the tenant tried to dispute the title of the landlord and attempted to raise an objection to the jurisdiction of the learned Court below under Section 23 of the Act.
