RAM PRASAD Vs. VIIITH ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) This is a tenant's petition. It arises out of a suit filed by the Plaintiff-Respondents against the Petitioner for ejectment. from a shop.

(2.) The relevant facts are these. The suit was originally instituted before the learned Munsif Ghaziabad. Subsequently, it was transferred to the II Additional Munsif, Ghaziabad. While the suit was pending before II Additional Munsif, Ghaziabad, U.P. Civil Laws (Amendment) Act, 1972 came into force. Section 9 of this Act provides that a suit of the nature of one in hand instituted before the commencement of the said Act in any court other than a court of Small Causes, shall stand transferred to the court of Small Causes or a court invested with the powers of a Small Cause Court. In pursuance of this provision, the suit stood transferred to the court of III Additional Munsif, Ghaziabad exercising powers of Judge Small Causes. Thereafter, the said learned III Additional Munsif tried the suit and decreed it.

(3.) Aggrieved by the decision of the trial court, the Petitioner filed a revision under Section 25 of the Small Causes Court, which has been dismissed by the learned VIII Additional District Judge, Meerut by the order dated 6-5-76.