Case Note & Summary
The petitioner, Abdul Shahid Patel, as landlord, filed a suit for eviction against the respondent tenant, Smt. Rameshwari Devi Gyarsilal Sharma, in the Small Causes Court at Nagpur, registered as Regular Civil Suit No. 386/2007. The trial Court passed a decree for eviction and possession on 23rd April 2009. The respondent tenant appealed under Section 96 of the Code of Civil Procedure, 1908, which was registered as Regular Civil Appeal No. 345/2009. The appellate Court (District Judge-16, Nagpur) allowed the appeal on 21st October 2011, setting aside the eviction decree and directing the trial Court to return the plaint for presentation to the proper Court. The appellate Court recorded findings on merits in favor of the landlord but allowed the appeal solely on the ground that the suit premises are open lands not governed by the Maharashtra Rent Control Act, and therefore the Small Cause Court lacked jurisdiction. The landlord challenged this appellate order in the present writ petition. The High Court held that the Small Cause Court has jurisdiction under the Provincial Small Causes Courts Act to entertain suits between landlord and tenant, irrespective of whether the premises are covered by the Rent Act. The appellate Court erred in holding otherwise. The High Court allowed the writ petition, set aside the appellate order, and restored the trial Court's decree.
Headnote
A) Civil Procedure - Jurisdiction of Small Cause Court - Eviction Suit - Provincial Small Causes Courts Act - The Small Cause Court has jurisdiction under the Provincial Small Causes Courts Act to entertain suits between landlord and tenant, irrespective of whether the premises are governed by the Maharashtra Rent Control Act. The appellate Court erred in allowing the appeal solely on the ground that the suit premises are open lands not covered by the Rent Act, thereby setting aside the eviction decree. Held that the jurisdiction of the Small Cause Court is not ousted merely because the Rent Act does not apply. (Paras 2-4)
Issue of Consideration
Whether the Small Cause Court has jurisdiction to entertain a suit for eviction in respect of open land which is not governed by the Maharashtra Rent Control Act
Final Decision
Writ petition allowed. The judgment and order dated 21-10-2011 passed by the District Judge-16, Nagpur in Regular Civil Appeal No. 345/2009 is set aside. The decree passed by the trial Court in Regular Civil Suit No. 386/2007 is restored. Rule made absolute.
Law Points
- Small Cause Court jurisdiction under Provincial Small Causes Courts Act is not dependent on applicability of Maharashtra Rent Control Act
- Suit between landlord and tenant for eviction from open land is maintainable in Small Cause Court
- Appellate Court erred in holding that Small Cause Court lacks jurisdiction merely because premises are open land not governed by Rent Act
