TRIANDI SWAMI BHAKTI VEDANT NARAIN MAHARAJ MANAGING TRUSTEE AND MANAGER GODIYA MATH DHARAMSHALA Vs. I ADDITIONAL DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) BEING dissatisfied by setting aside of decree for arrears of rent and eviction in revision Petitioner has filed this petition. The order was not set aside on merits. But on the question of jurisdiction. It was held that although there was no Judge Small Causes Court in Sahabad but the Munsif having decided the suit on regular side it was contrary to Notification No. 580/72 dated 27th September, 1972.

(2.) IT cannot be disputed that after enforcement of Act 37 of 1972 all such suits involving lessor and lessee dispute became cognizable by Judge Small Causes Court. And the Petitioners case was also of similar nature. It was cognizable by Judge Small Causes Court. But the question is where there is no Small Causes Court and suits cognizable by Judge Small Causes are triable by Munsif then does the order becomes without jurisdiction only because it was tried like a regular suit and not as Small Causes case.

(3.) TO the same effect are observations in Kanihya Lal v. Gunwant Rai Agarwal : AIR 1962 All 514. The revising authority therefore committed an error of jurisdiction in setting aside the decree for want of jurisdiction.