S.R.BANNURMATH, A.S.BOPANNA
SAROJAMMA W/O NARASAIAH – Appellant
Versus
K. M. VENKATESH – Respondent
( 1 ) AT the request of the learned Single Judge, large number of civil Revision Petition have been referred to this Bench by the directions of the Hon'ble Chief Justice.
( 2 ) THOUGH the referral request of the learned Single Judge does not indicate as to what is the order of reference or what question of law is required to be decided by a Division Bench, since after hearing the learned Counsel appearing in these cases, it appears to us general principles in so far as jurisdiction of the Small Causes Courts entertaining a suit for ejectment, as laid down in few of the decision referred in this order, requires consideration.
( 3 ) AS no specific referral order and question for decision is formulated by the learned Single Judge, we have taken his case as a lead case and discussed the scope, jurisdiction and enquiry of Small causes Courts in entertaining a suit for ejectment, carved out of the exception to the schedule under Small Causes Courts Act. The sequence leading to the same are that the respondent/landlord in this case was initially before the City Civil Court seeking for a decree of ejectment, arrears of rent and damages at the rate of Rs. 4,000/- p
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