MOTI RAM Vs. HASINA BEGAM

JUDGEMENT

(1.) This is an application in revision by a tenant. An application for ejectment from an accommodation was presented against him under Section 7B, U. P. (Temporary) Control of Rent and Eviction Act (3 of 1947), by the landlord. He deposited the rent in Court under Sub-section (7) of the said section and filed an objection about the rate of rent. The landlord was called upon by the learned Munsif to pay the court-fee which he did. Thereafter, the proceedings were converted under Sub-section (8) into a suit. The learned Munsif held a trial and recorded a finding that the landlord's version about the rate of rent was correct. He gave him a decree for the amount claimed, i.e., RS. 227-8-0. It is against this decision that this petition of revision has been filed.

(2.) The contention put forward on behalf of the applicant (tenant) is that the moment the proceedings were converted into a suit the learned Munsif lost jurisdiction to try it. It is urged that the plaint should have been returned for presentation to the Court of Small Causes, which Court alone is ordinarily competent to try a suit for arrears of rent. This contention does not appear to be correct. A plain reading of Section 7 will indicate that a special jurisdiction has been conferred by this section on the Munsif to try a suit for rent in circumstances mentioned in the section. Sub-section (11) of Section 7B runs as follows :

(3.) It is argued by the learned counsel for the applicant that Section 16, Provincial Small Cause Courts Act (9 of 1887), lays down in mandatory terms that a suit which is cognisable by the said Court shall not be triable by any other Court. But this provision should be deemed to be repealed by Section 7.B, U. P. (Temporary) Control of Rent and Eviction Act, qua suits of this nature in the State of U. P. The U. P. Act was passed before the coming into force of the Constitution. The Governor General's assent was taken, and, therefore, by virtue of Section 107 (2), Government of India Act, 1935, the provisions of the U. P. (Temporary) Control of Rent and Eviction Act override Section 16, Provincial Small Cause Courts Act. I am, therefore, of the opinion that the learned Munsif had jurisdiction to try the suit.