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2016 Supreme(All) 4075

PANKAJ MITHAL
Kwality Restaurant (M/s) – Appellant
Versus
Sunil Khetrapal – Respondent


Advocates Appeared:
For the Petitioner: Udai Chandani
For the Respondent: Abu Bakht, Pramod Kumar Jain

JUDGMENT

Pankaj Mithal, J. -- Heard Sri Udai Chandani, learned counsel for the petitioner and Sri P.K. Jain, Senior Advocate assisted by Sri Abu Bakht, learned counsel for the respondents.

2. Both the above petitions are in relation to SCC Suit No. 14 of 1998 (Sunil Khetrapal and another Vs. Ajai Swarup Mehrotra and others) for arrears of rent and eviction.

3. The aforesaid suit has a valuation of Rs. 26,000/- and is pending before the District Judge/Additional District Judge who is exercising powers of the Small Causes Court in respect of such suits having valuation of over Rs. 25,000/-.

4. In one of the writ petitions the tenant is aggrieved by the order of the District Judge 27.7.2016 refusing to transfer the suit to the court of Small Causes presided over by the Civil Judge (Senior Division) despite amendment to Section 15 of the Provincial Small Causes court Act, 1887 as applicable to U.P., by the Civil Laws Amendment Act, 2015 giving power to deal with suits between the lessor and lessee on determination of tenancy upto valuation of Rs. 1 lakh to the Small Causes Court of Civil Judge.

5. The other petition is by the owner and landlord of the suit premises for a direction for e










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