JAGAJEEVAN Vs. ASMA BIBI

JUDGEMENT

(1.) C.) -- Clause.9(2) -- S.9, Proviso, Act XXIV of 1124, Cochin -- Act XXIV of 1124 (Cochin) does not preclude the filing of a suit by the landlord in the Civil Court -- Proviso to S.9 is one limiting the jurisdiction of the Rent Controller -- Jurisdiction of the civil Court always exists and exists until it is taken away expressly by a statute

(2.) The petitioner is the defendant in O. S. 23 of 1950 on the file of the Anjikaimal District Court. The first respondent is the plaintiff therein. The suit was for eviction of a building (a godown) on foot of a lease which is denied by the petitioner. The plaintiff had approached the Rent Controller with a prayer for eviction on the ground of arrears of rent. In these proceedings the petitioner resisted the claim and repudiated the title of the landlord. The above suit was filed subsequently and before the Rent Controller considered the question of title which was raised under the proviso to S.9 of the Cochin Buildings (Lease and Rent Control) Act XXIV of 1124 under which the petition before the Rent Controller was presented. When the title of the landlord is disputed by the tenant, the Rent Controller is directed to investigate the matter and should he reach the conclusion that the denial of title is mala fide, he may continue the proceedings. If, on the other hand he comes to the conclusion that the repudiation of the landlord's title is bona fide, then the Controller is directed to record that fact and the landlord would be entitled to resort to the civil court for relief by way of eviction. Based upon this proviso, the petitioner contended in the court below that be fore the Rent Controller records a finding to the effect that the claim of the tenant repudiating the title of the landlord is bona fide, it is beyond the competence of the landlord to start proceedings in the civil court. S.9 of the Civil Procedure Code which provides that:-

(3.) Assuming the proviso to S.9 has the operation which is contended for, the question whether on account of that proviso, the jurisdiction of the civil court is or is not excluded was a question which the civil court had to consider when it was raised before it. It was actually raised and a decision on the question was invited by both the parties. A court whose jurisdiction is questioned has jurisdiction to decide its own jurisdiction.