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[2] So the question that we have to determine is whether the suit which in the opinion of Bhagwati J., was not triable by the High Court but by the Small Causes Court was a suit between a landlord and a tenant relating to the recovery of rent or possession of premises. The suit is a simple suit under S. 9, Specific Relief Act. That section gives a special remedy to a party who has been dispossessed to file a suit for possession. The suit has to be filed within six months from the date of dispossession and in that suit no question as to the title of the plaintiff or the defendant can arise. Such suit does not bar any person from suing to establish his title to such property and to recover possession thereof. It is, therefore, a summary remedy given to a dispossessed person to obtain possession of the property of which he has been dispossessed. Once the nature of the suit under S. 9 is understood, it will be clear that such a suit would not fall within the description of the suit mentioned in S. 28 of the Act. The object of S. 9 is to protect possession without regard to the title or the origin of possession. In the plaint in the suit the plaintiff sets out the history which led to his coming into possession and what he says is that one Dalaya was a tenant of the defendants and this tenant assigned his tenancy rights to the plaintiff and thereby became entitled to be in possession of the property. Then he goes on to say that he was lawfully in possession of the premises and he was dispossessed by the defendants without his consent and otherwise within due course of law and he asks for possession under S. 9. In the written statement the defendants controvert the averments contained in the plaint and allege that the plaintiff was not in possession, but the defendants were in possession. Therefore it is clear that the only issue that would arise in this suit and which would have to be determined by the Court would be whether the plaintiff was in possession of the premises in suit within six months from the filing of the suit, and if he was in possession whether he was dispossessed by the defendants. If that issue is answered in favour of the plaintiff, a decree must go in his favour. If the issue is answered against him, the suit must be dismissed.