The jurisdiction of the Civil Court is not ousted unless there is a consequent failure of justice.

M. P. Mehrotra, J.

1. THIS revision under Sec. 25 of the Provincial Small Causes Court Act is directed against the trial court's judgment dated 4-3-1982, decreeing the plaintiff's suit for ejectment of the defendant from the accommodation in dispute. Feeling aggrieved, the tenant has come up in the instant revision and in support thereof, I have heard Sri S. N. Agrawal, learned counsel for the applicant in revision.

2. LEARNED counsel raised several contentions before me. Firstly, it was contended that the court below was wrong in holding that the Civil Court had jurisdiction to try the suit. According to the learned counsel issue no. 6, which was as follows, was wrongly decided by the trial court. "Whether the house in dispute was constructed over Bhumidhari land ? If so, have the rights or the plaintiff in the disputed house, if any been extinguished under the provisions of KUZA Act ?"

Learned counsel contended that the house in question stood on such land as had become the Sirdari of his client when Kumaun and Uttrakhand Zamindari Abolition and Land Reforms Act, 1960 came into force. In the judgment of the trial court it is stated that the said Act was enforced in the area, where the house in dispute is situated, with effect from 1st July, 1969. Before the said Act was enforced, Tehri Garhwal Bhumi Sampati Adhikar Niyam was applicable to the area in question. The trial court has emphasized that the site over which a house was situated was not included in the definition of land in the earlier enactment and, therefore, the Kamaun Uttarakhand Zamindari Abolition and Land Reforms Act, 1960 was not applicable to the land over which the house in question stood. The finding of the trial court is that the house existed prior to 1-7-1969 when the new Act came into force in the area in question. Learned counsel has attacked this finding on the ground that the plaintiff in the witness-box admitted that while some portion of the house in dispute was let out in 1959, the remaining portion was let out sometime in 1972. In my view, this attack is not merited. The defendant never stated that the remaining part of the house was constructed after 1st July, 1969. The burden was upon him to establish the said fact. Apart from that, it should be seen that the house is a compact one and even if some new construction was made adjacent to the old structures, it could well be shown to be done on the appurtenant land which was adjacent to the old structure. In that view, it will still be a part of the site of the old house.

3. SO far as the question of jurisdiction is concerned, in my view, the applicant in the revision has failed to show that by the trial in the civil court, there has been any failure of justice. Sec. 331 (1-A) of the U. P. Act No. 1 of 1951 clearly lays down that no objection to the lack of jurisdiction of a court would be entertained unless, apart from other requirements mentioned in the said provision, it was also shown that there had been a consequent failure of justice, i. e. failure of justice in consequence of the trial having taken place in the court which lacked jurisdiction. Now the learned counsel contended that in the instant case it should be held that there was such failure of justice by the trial having taken place in the court of Small Causes because from a decree passed by such a court, no appeal lay. Only a revision under Sec. 25 of the Provincial Small Causes Court Act would lie whereas if the suit had been tried in the revenue court then a party could have an opportunity of having a fulfiedged right of first appeal and thereafter a second appeal would also lie on the question of law. In my view, this contention, even though attractive, is not tenable. Learned counsel further contended that the trial in a Small Causes Court is a special trial to which many of the provisions of the Civil Procedure Code are not applicable. He placed reliance on Sec. 7 of the Provincial Small Causes Court Act and Order 50 of t