PANKAJ MITHAL
GOVARDHAN GOYAL – Appellant
Versus
RISHI RAJ SINGHAL – Respondent
Hon’ble Pankaj Mithal, J.—The tenants seek revision of the order dated 24.9.2012 passed by the Additional District Judge, Ghaziabad exercising power of the Small Causes Court in SCC Suit No. 73 of 2011 Rishiraj Singhal v. Govardhan Goyal and others, deciding one of the issues in the suit regarding jurisdiction of the Small Causes Court.
In this revision two points arise for my consideration:
1.Whether an open piece of land with a ‘Khatti’ would be a ‘building’ to attract the attention of the Small Causes Court?
And
2.Whether the suit is cognisable by the Small Causes Court?
It is not disputed that a plot of land with a ‘Khatti’ was let out on an annual rent of Rs. 65/- under registered deed of lease dated 3rd October, 1918 with permission to raise permanent structure over it.
2. The revisionists are presently the tenants of the said plot of land and the constructions which were subsequently raised thereon. The respondent is the present landlord. He instituted the above suit after terminating the tenancy vide notice dated 7.12.2006 for eviction of the revisionists from the property in question Nos. 14 and 15 (New Nos. 15 and 15A) Jagniganj, Ghaziabad and for damages. In the
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