Ran Vijai Singh,J. Heard Sri Amit Saxena, learned counsel for the petitioner. 2. This writ petition has been filed with the following reliefs :- (i) Issue a writ, order or direction in the nature of certiorari quashing the proceeding of S.C.C. Suit No. 38 of 2007 pending before Judge Small Causes Court, Bareilly with direction to the court below to return the plaint for presentation before the regular court. (ii) Issue any other suitable writ, order or direction in the nature of the case, as this Hon'ble Court may deem fit and proper in the circumstances of the case. (iii) Award the cost of the petition to the petitioner. 3. The petitioner happens to be tenant of respondent no. 2. It appears the respondent no. 1 has purchased the aforesaid property and thereafter filed suit before the Judge Small Causes Court terminating the tenancy of the petitioner on the ground of non-payment of rent. The petitioner filed written statement stating therein that the sale-deed is void as it could not be executed without there being any prior permission of the Charity Commissioner, Maharashtra State, Mumbai. He has brought on record the certificate issued by the said office to this effect as annexure 3 to the writ petition. In his submissions, the respondent no. 1 is not the landlord, therefore the suit for terminating the tenancy and payment of arrears of rent cannot be maintained before the learned Judge Small Causes Court. It is also contended that the dispute with regard to the title is engaging attention of this Court in Public Interest Litigation No. 66213 of 2009. 4. After hearing learned counsel for the petitioner, I am not inclined to interfere in this matter under Article 226 of the Constitution of India. The petitioner has filed his written statement. On being confronted as to whether issues have been framed, learned counsel for the petitioner submitted that issues have yet not been framed. In such a situation, the petitioner can pray before the court below for framing a issue in this regard and in case, such issue is framed, that may be decided as a preliminary issue. 5. With the aforesaid observation, the writ petition is disposed of. _______________