Case Note & Summary
The applicant, Ashok Khubchand Vaswani, filed Regular Civil Suit No. 409 of 2009 before the Small Causes Court at Nagpur seeking ejectment of the respondents, who were his close relatives and allegedly gratuitous licensees in respect of House No. 203. The applicant claimed absolute ownership under a registered Will from his father. After issuing a notice on 21st October 2009, the applicant filed the suit for possession. The trial court, by order dated 17th November 2015, directed the plaint to be returned to the plaintiff under Section 23 of the Provincial Small Cause Courts Act, 1887 read with Order VII Rule 10 of the Code of Civil Procedure, 1908, on the ground that the suit was not cognizable by the Small Causes Court. The applicant challenged this order in the High Court. The High Court examined the plaint allegations, which stated that the respondents were in occupation as gratuitous licensees and that the suit was valued at Rs. 200/-. The court noted that under Section 41 of the Presidency Small Cause Courts Act, 1882, suits for ejectment of a licensee from immovable property, where the value does not exceed Rs. 200/-, are cognizable by the Small Causes Court. The High Court held that the trial court had erred in returning the plaint, as the suit was clearly within the jurisdiction of the Small Causes Court. The court set aside the impugned order and directed the trial court to proceed with the suit in accordance with law. The civil revision application was allowed.
Headnote
A) Civil Procedure - Return of Plaint - Jurisdiction of Small Causes Court - Section 23 Provincial Small Cause Courts Act, 1887 read with Order VII Rule 10 Code of Civil Procedure, 1908 - The trial court returned the plaint in a suit for ejectment of licensees valued at Rs. 200/- on the ground that the suit was not cognizable by the Small Causes Court. The High Court held that the suit was cognizable by the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882, as the relationship of licensor and licensee was admitted and the suit was for ejectment of a licensee. The order returning the plaint was set aside. (Paras 1-10) B) Property Law - Ejectment of Licensee - Jurisdiction - Section 41 Presidency Small Cause Courts Act, 1882 - The suit for ejectment of a licensee from immovable property, where the value of the suit is Rs. 200/-, is exclusively triable by the Small Causes Court. The High Court held that the trial court erred in holding that the suit was not cognizable by the Small Causes Court, as the plaint clearly disclosed a cause of action for ejectment of a licensee. (Paras 5-10)
Issue of Consideration
Whether the trial court was justified in returning the plaint under Section 23 of the Provincial Small Cause Courts Act, 1887 read with Order VII Rule 10 CPC on the ground that the suit was not cognizable by the Small Causes Court?
Final Decision
The High Court allowed the civil revision application, set aside the impugned order dated 17th November 2015, and directed the trial court to proceed with the suit in accordance with law.
Law Points
- Jurisdiction of Small Causes Court
- Return of plaint under Order VII Rule 10 CPC
- Section 23 of Provincial Small Cause Courts Act
- 1887
- Section 41 of Presidency Small Cause Courts Act
- 1882
- Ejectment of licensees
- Valuation of suit for jurisdiction
