The plaintiffs opposite parties have filed a suit for ejectment of the defendants revisionists from the premises in suit on the basis of contract of tenancy. The accommodation in dispute is a Dal Mill. The defendants took the plea that the Dal Mill is not included within the definition of building as given in U. P. Act XIII of 1972 and a suit for eviction there from cannot be tried by a Small Cause Court. It will lie on the regular side. On this ground, the jurisdiction of the learned Additional District Judge, who was trying the suit on the Small Cause Court side was challenged. An issue was framed on this point and the learned District Judge took the view that a dal Mill falls within the definition of the word building as defined in U. P. Civil Laws Amendment Act, 1972 (Act No. 37 of 1972) and the suit for eviction there from shall lie in the Small Cause Court. The defendants have come up in revision against it. I have heard the learned counsel for both sides and have given my anxious consideration to the whole matter. A proviso has been inserted in sub-clause (3) of Section 15 by the U. P. Civil Laws Amendment Act, 1972. It reads as under:-

" Provided that in