(1.) This revision application by the original defendant is directed against the judgment and order dated 8/03/1983 passed by the learned Joint Civil Judge Junior Division Vadodara holding that since the provisions of the Bombay Rents Hotel and Lodging House Rates Control Act 147 (hereinafter referred to as the Rent Act) were not applicable to the suit premises he bad jurisdiction to entertain the suit filed by the respondent original plaintiff.
(2.) Respondent filed a suit against the petitioner for possession of the premises occupied by the petitioner for residence and Gabhan (open plot of land) adjoining the said premises The suit premises which were let out to the petitioner at monthly rent of Rs. 40.00 are situate in village Vadasala in the area under Vadasala Gram Panchayat. Respondent had also prayed for recovery of arrears of rent of Rs. 840.00 from the petitioner. Petitioner resisted the respondents suit and amongst other things contended that since the suit premises were governed by the provisions of the Rent Act the Court of learned Civil Judge Junior Division Vadodara before which the respondents suit was pending had no jurisdiction to entertain it. It was contended that only the Small Causes Court at Vadodara alone had jurisdiction to entertain the suit of the nature filed by the respondent. In view of the above contention raised by the petitioner one of the issues raised by the learned trial Judge for determination was whether this Court has jurisdiction to try the suit ? and this issue was heard as a preliminary issue. It was submitted on behalf of the petitioner that the State Government had in exercise of the powers conferred on it by sub-sec. (3) of sec. 2 and sub-sec. (1A) of section 6 of the Rent Act issued Notification No. CH/51/37/80 BRA dated 26/03/1980 extending all the provisions of part II of the Rent Act to the areas of all Gram Panchayats Nagar Panchayats Nagar Palikas and Municipal Corporations and applying the provisions of Part II with effect from 3/04/1980 to the premises let to the Government of Gujarat or Gram Panchayat Nagar Panchayat Nagar Palika Municipal Corporation or local authority in those areas for the purpose of setting up an office public hospital dispensary or godown except the areas in which provisions of Part II are applied for those purposes. It was contended that in view of the notification issued by the State Government the suit premises which were within the area of Vadasala Gram Panchayat were governed by the provisions of the Rent Act. The respondents suit for arrears of Rent and possession of the suit premises was governed by the Rent Act and therefore the Small Causes Court at Vadodara alone had jurisdiction to entertain the suit. It was not disputed that if the suit premises were governed by the provisions of the Rent Act the Small Causes Court at Vadodara alone had jurisdiction to entertain the respondents suit. It was however urged on behalf of the respondent that since the notification on which reliance was placed by the petitioner was applicable only to the premises left to the Government of Gujarat Gram Panchayat Nagar Panchayat Nagar Palika Municipal Corporation or local authority for the purpose of setting up an office public hospital dispensary or godown the provisions of the Rent Act were not applicable to the suit premises which were not let to any of the above authorities for any of the said purposes. It was urged that since the provisions of the Rent Act were not applicable to the suit premises the Court of Joint Civil Judge Junior Division Vadodara had jurisdiction to entertain the respondents suit.
(3.) The learned trial Judge after referring to the relevant provisions of the Rent Act and the notification on which reliance was placed by the petitioner upheld the contention of the respondent he held that as a result of issuance of the notification provisions of Part II of the Rent Act extended to or applied to the premises let to the Government of Gujarat or Gram Panchayat Nagar Panchayats Nagar Palika Municipal Corporation or local authority for the purpose of setting up office public hospital dispensary or godown. The suit premises according to the learned Judge were not covered by the notification and therefore the provisions of the Rent Act were not applicable to them. In this view of the matter he held that he had jurisdiction to entertain the respondents suit. Being aggrieved by the view taken by the learned trial Judge the petitioner has preferred this revision application.