SATISH CHAND JAIN Vs. DISTRICT MAGISTRATE SAHARANPUR

JUDGEMENT

(1.) THIS is a writ petition by a tenant. It prays for a writ of prohibition requiring the execution court not to proceed with the execution of a decree because the decree was passed by a court which had no jurisdiction to entertain the suit.

(2.) THE decree is for ejectment of a tenant which was passed in a suit filed by the landlord on the basis of permission granted to sue for the eviction of the tenant under Section 3 of the Rent Control Act of 1947. THE suit was filed in the court of the Civil Judge on the regular side on May 13, 1972. THE present applicant contested the suit. Somewhere after September 20, 1972 it was transferred to the court of the Additional District Judge who tried it as a small cause court suit. After trial, the suit was decreed on April 27, 1973. THE tenant filed a revision in the High Court which was dismissed. THEn he went to the Supreme Court where also he failed.

(3.) ON the merits, the principal question is whether the Court of Small Causes which decided the earlier suit no. 1 of 1972, had jurisdiction to entertain that suit and whether the decree passed by it was without jurisdiction.