GANESH LAL SHARMA Vs. ADITIONAL DISTRICT

JUDGEMENT

(1.) THE application filed by the defendant under Order VII Rule 11 of the Code of Civil Procedure (hereinafter referred to as the 'CPC') has been decided by the Court of Small Causes by the order dated 1st February, 2012. This order has been assailed in this petition.

(2.) SCC Suit No.17 of 2006 was instituted by the plaintiff before the Judge, Court of Small Causes for ejectment of the defendant and in paragraph 5 of the plaint it was asserted that since the tenancy was for a godown, it will not be a 'building' and so the provisions of the "U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972" (hereinafter referred to as the 'Act') will not be applicable. Taking advantage of this fact, the defendant moved the application under Order VII Rule 11, CPC alleging that since the plaintiff himself has come out with a case that the premises was not a 'building', the suit could not have been instituted in the Court of Small Causes as it will be excepted from the cognizance of a Court of Small Causes under the Second Schedule to The Provincial Small Cause Courts Act, 1887.