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2016 Supreme(All) 1095

ALLAHABAD HIGH COURT
BEFORE : PANKAJ MITHAL, J.
SHOBHIT NIGAM ....Revisionist
Versus
Smt. BATULAN AND ANOTHER ....Respondents
(S.C.C. Revision No. 278 of 2016, decided on 29th August, 2016)

Advocates:
Counsel :
Arvind Srivastava for the Revisionist; Pushkar Srivasatava and Arvind Srivastava for the Respondents.

Headnote:Provincial Small Causes Court Act, 1887—Sections 15(2) and 25—Bengal, Agra and Assam Civil Courts Act, 1887—Section 17—Jurisdiction—Small Causes Court—Pecuniary jurisdiction—Suits by lessor for eviction of lessee from a building after determination of his lease shall—Valuation of suit admittedly is Rs. 44,000—In view of Civil Laws (Amendment) Act, 2015 falls within the jurisdiction of Small Causes Court—All pending suits of rent and eviction from a building after determination of lease falling under proviso to Section 15 (2) upto valuation of Rs. 1,00,000 directed to be transferred to Small Causes Court presided over by senior most Civil Judge. [Paras 20 to 40]

       Result; Revision Allowed.

       

JUDGMENT

Hon’ble Pankaj Mithal, J.—The judgment and order dated 24.5.2016 passed by the District Judge decreeing SSC Suit No. 16 of 2011 (Smt. Batulan v. Ayub Khan and another) is sought to be revised under Section 25 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the Act) on the ground that the Additional District Judge had ceased to have pecuniary jurisdiction to decide it.

2. The aforesaid Act provides for the establishment of Courts of Small Causes for the local limits of the area beyond the original civil jurisdiction of High Courts established in the Presidency Towns for the purposes of trying certain nature of civil suits in a summary manner.

3. The said Act vide Section 15 read with its Second Schedule provides that all suits of civil nature upto a particular value shall be cognizable by a Court of Small Causes.

4. The aforesaid Act was amended time and again and the pecuniary value of suits cognizable by Small Causes Court was enhanced from time to time.

5. The said Act stood amended in its applicability to the State of U.P., also.

6. The State of U.P., vide Civil Laws (Amendment) Act 1972 added a provision to Sub-section 2 of Section 15 of the Act providing that the suits by the lessor for eviction of the lessee from a building after determination of his lease shall be cognizable by the Small Causes Court and that the reference to Rs. 2,000/- mentioned in Sub-section 2 of Section 15 of the Act shall be construed as Rs. 5,000/- in respect to the above nature of suits.

7. In this way the aforesaid Act in its applicability to U.P., classified the suits cognizable by Small Causes Courts into two groups ie. (i) all suits of the civil nature; and (ii) suits between lessor and lessee for arrears of rent and eviction from a building after determination of lease.

8. Section 15 of the Act read with the Second Schedule in its amendment to the State of U.P., vide Civil Laws (Amendment) Act, 1991 vests the power of trial of all civil suits upto the valuation of Rs. 5,000/- and that of the suits between the lessor and lessee for rent and eviction from a building after determination of lease upto the valuation of Rs. 25,000/- upon the Small Causes Court.

9. The High Court vide notification of 8th February 1991 provided that all suits of the nature referred to in the proviso to Sub-section (2) of Section 15 of the Act as applicable in U.P., shall be cognizable by Munsifs (now Civil Judge, Junior Division) upto the the valuation of Rs. 5,000/- and by the Civil Judge (now Civil Judge, Senior Division) upto the valuation of Rs. 25,000/-.

10. The High Court vide resolution dated 20.5.1994 of the Administrative Committee resolved that the senior most Civil Judge (Senior Division) in each district be conferred with the powers the powers of the Judge Small Causes Court.

11. Thus, the senior most Civil Judge (Senior Division) in each district of U.P., started functioning as the Court of Small Causes to try suits of rent and eviction referred to in proviso to Section 15 (2) of the Act as applicable to U.P., having valuation upto Rs. 25,000/-.

12. Bengal, Agra and Assam Civil Courts Act, 1887 vide Sub-section (1) to Section 25 as applicable to U.P., empowers the High Court to invest Subordinate Judges (Civil Judge, Senior Division and Civil Judge, Junior Division) the jurisdiction of a Judge of a Court of Small Causes under the aforesaid Act upto such value not exceeding five thousand rupees. At the same time Sub-section (2) of Section 25 of the aforesaid Act invests the High Court to confer power upon any District Judge or Additional District Judge the jurisdiction of a Judge of the Small Causes under the Act for the purposes of trial of all suits irrespective of valuation by the lessor for arrears of rent and eviction of the lessee from the building after determination of lease.

13. The Bengal, Agra and Assam Civil Courts Act, 1887 was amended vide the U.P. Civil Laws (Amendment) Act, 1991 and Section 25 (2) of it















































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