1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION No. 2406/2010. Premnath Gangaram Bhure and another. -: VERSUS :- Nagarjun Doma Bhalerao. Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DATED : JULY 27, 2010. Head Shri G.L. Bajaj, learned Counsel for petitioners and Smt. Chitnavis, learned Counsel for respondent. Petitioners claim to be landlord who sought distress warrant from Small Causes Court against the respondent. The Small Cause Court rejected it and that rejection has been maintained by the Appellate Court in appeal under Section 26A of the Provincial Small Causes Courts Act. Shri Bajaj, learned Counsel has initially tried to contend that the issue involved is plain and simple and as the 2 contract between the parties is in writing, after dishonor of cheque, relationship of landlord and tenant automatically stands created. According to him, this contention is not looked into by the Small Causes Court and it could not be looked into because the petitioner was not given any opportunity. Smt. Chitnavis, learned Counsel disputes this and her contention is, as per agreement between the parties, respondent has paid about 60% of the amount and then respondent learnt that the property agreed to be sold by the petitioners to respondents is already mortgaged with a Nationalized Bank. After hearing the respective counsel, it has become clear that there is an agreement for sale and purchase between them and as per the stipulation therein, after the cheque for payment of sale consideration is dishonored, the relationship of landlord and tenant stands created. Interpretation of that document and the verification of facts proving such dishonor is therefore, necessary. It therefore, further necessitates grant of opportunity to alleged tenant / present respondent, to meet the contentions of plaintiff. 3 In this situation, I am not inclined to interfere in the matter in exercise of writ jurisdiction, however, the petitioner is at liberty to file appropriate Civil Suit for recovery of rent at Small Causes Court, Nagpur and if such suit is filed, the Small Causes Court shall attempt to decide the same finally as early as possible and in any case within 6 months of its filing. Smt. Chitnavis, learned Counsel appearing for respondent has no objection for such expeditious disposal of proposed suit. With these directions, Writ Petition is disposed of, with no order as to costs. JUDGE Rgd.