SAROJAMMA Vs. K M VENKATESH

JUDGEMENT

(1.) AT the request of the learned Single Judge, large number of civil Revision Petition have been referred to this Bench by the directions of the Hon'ble Chief Justice.

(2.) THOUGH the referral request of the learned Single Judge does not indicate as to what is the order of reference or what question of law is required to be decided by a Division Bench, since after hearing the learned Counsel appearing in these cases, it appears to us general principles in so far as jurisdiction of the Small Causes Courts entertaining a suit for ejectment, as laid down in few of the decision referred in this order, requires consideration.

(3.) AS no specific referral order and question for decision is formulated by the learned Single Judge, we have taken his case as a lead case and discussed the scope, jurisdiction and enquiry of Small causes Courts in entertaining a suit for ejectment, carved out of the exception to the schedule under Small Causes Courts Act. The sequence leading to the same are that the respondent/landlord in this case was initially before the City Civil Court seeking for a decree of ejectment, arrears of rent and damages at the rate of Rs. 4,000/- per month against the petitioner / tenant While the matter was pending in o. S. No. 9623/1999, the Civil Court by its order dated 9-1-2003, taking note of a decision rendered by a Learned Single Judge of this court in the case of RAMESH P. SETH vs KRISHNAMURTHY ordered return of the plaint for presentation to the Court of Small causes, Bangalore. Subsequently the Court of Small Causes registered the said suit in O. S. No. 161/2003 and by its judgment and decree dated 30. 10. 2003 directed the petitioner / tenant herein to vacate and deliver vacant possession of the suit premises to the respondent / landlord within three months. The petitioner / tenant was therefore before this Court in this revision petition which was at the first instance heard and disposed of by order dated 16-9-2004 reported in ILR 2004 KAR 4931, wherein this Court dismissed the revision petition and affirmed the judgment and decree of the Small Causes Courts. One of the issues before the learned Single Judge was with regard to the jurisdiction of the Small Causes Court to entertain the said suit. In this regard, the learned Single Judge referred to the earlier decisions of this Court wherein a different view had been expressed but proceeded further to take another view. The order passed in this petition on 16-9-2004 was assailed by the petitioner / tenant before the Hon'ble Supreme Court in Civil Appeal No. 3376/2006 (arising out of SLP (C) No. 1637/2005 ). The Hon'ble Supreme Court however without advertihg to the merits of the case, only on propriety, set aside the order dated 16-9-2004 and remitted the case back to the High court for fresh decision in accordance with law. While doing so, the hon'ble Supreme Court had indicated that it was open for the learned single Judge to refer the matter to a Division Bench. On such remand, this revision petition was once against listed before the learned Single judge and the Learned Single Judge in view of the order passed by the Hon'ble Supreme Court has thought it fit to refer the matter to the division Bench. Accordingly the matter having been placed before hon'ble the Chief Justice, who in turn has referred and directed the case to be placed before us.