MAZHARUDDIN Vs. RAMJI MAL

JUDGEMENT

(1.) This is an appeal against an appellate order of the learned Additional Civil Judge of Moradabad directing the plaint to be returned for presentation to "proper court" by which term he meant the court of Small Causes.

(2.) The Appellant is a landlord. He started proceedings against the Respondent who is his tenant under Sec. 7(B) of the Control of Rent and Eviction Act (III of 1947,). The Respondent put in appearance, made the necessary deposit and filed an objection. Thereupon the court, acting under Sub -section (7) of the aforesaid Sec. issued notice to the Appellant informing him that he could, subject to the payment of court -fee, have his application treated as a plaint in a suit for recovery of arrears of rent. The Appellant availed of that opportunity, paid necessary court fee and got the application treated as a plaint in a suit for recovery of arrears of rent. The parties went to trial. The learned Munsif decreed the suit in Appellants favour.

(3.) The Respondent preferred an appeal which was heard by the learned Additional Civil Judge. One of the points pressed before him was that the learned Munsif had no jurisdiction to decide the claim for arrears of rent because it was a claim cognizable by the Court of Small Causes. This plea found favour with the learned Additional Civil Judge who, as stated above, directed the plaint to be returned to the Appellant for presentation to proper court.