PREMIER MOTORS PRIVATE LIMITED Vs. JASWANT PRASAD

JUDGEMENT

(1.) THE Revisionists are defendants in a suit filed by the plaintiff-opposite parties for ejectment from premises and for recovery of arrears of rent. Admittedly, the property from which ejectment is sought and in respect of which arrears of rent are claimed is situate at Bareilly. THE revisionists are aggrieved by an order passed by the trial court in the said suit. THE Stamp Reporter has expressed doubt about the maintainability of the Revision at this Bench. Sri Hari Om Singh, learned counsel for the petitioners, relying upon the provisions of the U. P. High Courts (Amalgamation) Order, 1948, for short Amalgamation Order, has submitted that the "High Court of Judicature at Allahabad" is one High Court and there is nothing in the Amalgamation Order to restrict the jurisdiction of the Judges sitting at Lucknow to hear cases arising in the areas comprised in the erstwhile province of Oudh alone. According to him in view of clause 7 the new High Court exercises jurisdiction in respect of the whole of the United Provinces (now Uttar Pradesh) and the only effect of Clause 14 is that in respect of the cases arising in the areas comprised in the erstwhile province of Oudh, the Judges sitting at Lucknow alone shall have jurisdiction, in other words this clause deprives the judges sitting at Allahabad of jurisdiction to hear the cases arising within the Oudh area but it does not deprive the Judges sitting at Lucknow of the jurisdiction to hear cases arising in any part of the United Provinces (now Uttar Pradesh) which jurisdiction has been conferred under clause 7 of the Order. In support of the argument, apart from relying upon the provisions of the Amalgamation Order, the learned counsel has relied upon the decision of their lordships of the Supreme Court in re-Nasiruddin v. State Transport Appellate Tribunal, AIR 1976 SC 331. THE argument is attractive but does not bear scrutiny.

(2.) PRIOR to the enforcement of the Constitution the State of Uttar Pradesh was known as United Provinces of Agra and Oudh. As the name itself suggests the province comprised of two provinces-the province of Agra and the province of Oudh. The province of Oudh comprised of twelve districts viz. (1) Lucknow, (2) Barabanki, (3) Faizabad, (4) Pratapgarh, (5) Sultanpur, (6) Sitapur, (7) Gonda, (8) Bahraich, (9) Hardoi, (10) Unnao, (11) Rae Bareli and (12) Lakhimpur Kheri. The rest of the districts were comprised in the province of Agra. Although there was one administrative set up for the entire United Provinces there was separate judicial set for the two provinces.1 The highest court for the province of Oudh was known as the Chief Court of Oudh presided over by the Chief Judge and the highest Court for the province of Agra was the High Court of Judicature at Allahabad presided over by the Chief Justice. The Chief Court of Oudh exercised jurisdiction over the twelve districts herein before enumerated while the High Court at Allahabad exercised jurisdiction over the rest of the districts. By the amalgamation order the Chief Court and the High Court were amalgamated and the Amalgamated High Court was given the name High Court of Judicature at Allahabad. With this background a few provisions of the Amalgamation Order which have a bearing on the controversy raised by the learned counsel may be noticed.

(3.) THERE is nothing in Nasiruddin's case (supra) which militates against the view taken by me.