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IN THE HIGH COURT OF ALLAHABAD
Hon'ble Jaspreet Singh,J.
Jugeshwar Prasad – Appellant
Versus
Hanuman Prasad – Respondent
No.
1. Heard Shri Yusuf Saifi, learned counsel appearing under the authority of Shri Aftab Ahmad learned counsel for the revisionist and Shri Shyam Mohan learned counsel for the respondent.
2. The instant SCC revision has been preferred by the revisionist-defendant against the order dated 26.07.2011 passed by the Additional District Judge, Court No.2, Balrampur (acting as Judge Small Causes) in SCC Suit No.3/2001/1995 whereby an application under Section 23 of the Provincial Small Cause Court Act 1887 (hereinafter referred to as PSCC) moved by the revisionist bearing paper No.170 Ga was rejected.
3. In order to appreciate the controversy involved in the instant revision, brief facts are being noticed hereinafter.
4. Smt. Sampata Devi, the original plaintiff instituted SCC Suit No.3/2001/1995 against the revisionist namely Jugeshwar Prasad. It was stated in the plaint that Smt. Sampata Devi was the owner landlord of house No.135, situate in Puraniya Talab, District Balrampur. The property had been let out to the defendant Jugeshwar Prasad on a monthly rent of Rs.750/-. Since the defendant defaulted in the payment of rent since June 1995, hence a composite notice for demand an ejectment und
The Small Cause Court may decide incidental title issues in landlord-tenant disputes, but it is not obligated to refer cases to regular courts unless substantial evidence of title is presented.
The court emphasized that timely payment of rent is essential in eviction suits, and striking out a defense should be exercised with discretion, especially when landlord-tenant relationships are disp....
The revisional court's powers are limited, and it cannot disturb findings of fact unless they are perverse; additional evidence must be justified and not used to fill gaps.
The Small Cause Court can adjudicate incidental title issues in eviction proceedings, but such findings do not operate as res judicata in subsequent civil suits.
The revisional court may not re-assess evidence but can admit original documents that substantiate tenant relationships when previously doubted evidence was invalidated due to non-disclosure.
Revisional court under Provincial Small Cause Courts Act cannot re-appreciate evidence or reopen settled landlord-tenant issues proved by documents; exceeds jurisdiction, allowing supervisory interfe....
Eviction of tenant - Unauthorized occupation of tenant - Intention and admission in pleadings indicates the creation of relationship of landlord and tenant and that the amount paid by the revisionist....
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