RAM CHANDRA LAL Vs. WAQF ALLAH TALA THROUGH HIS HIGHNESS NAWAB SIR SYED RAZA ALI KHAN BAHADUR OF RAMPUR

JUDGEMENT

(1.) This is a revision under Sec. 115, C.P.C. against the order of the Munsif, dismissing the application dated 3.1.1962 of the opposite party. Waqf Allah Tala through His Highness Nawab Sir Syed Raza Ali Khan Bahadur of Rampur, containing the request that the order of ejectment passed by the Munsif under Sec. 7-B of the U.P. (Temp.) Control of Rent and Eviction Act be not sent to the District Magistrate.

(2.) The material facts of the case are that the Waqf Allah Tala, opposite party, is the owner (landlord) of the shop in dispute which was allotted to Ram Crandra Lal, applicant, and is in his occupation as tenant. When the applicant fell in arrears of more than three months, the Waqf Allah Tala moved an application under Sec. 7-B for the eviction of the present application in case the arrears of rent were not deposited in court within 15 days. The applicant was duly served and after an adjournment or two the case was taken up on 16.12.1961. Arrears of rent had not deposited by then nor did the applicant file any objection. Consequently, the Munsif allowed the application with costs and directed that Ram Chandra Lal shall be evicted from the accommodation and a copy of the order shall be forwarded to the District Magistrate, Rampur, for carrying out the same. It is said that Waqf Allah Tala had made an oral request on 16.12.1961 for the adjournment of the case to enable the present applicant, Ram Chandra Lal, to pay the total arrears of rent but the oral request was turned down. Before the orders could be communicated to the District Magistrate, Ram Chandra Lal paid the arrears of rent to the Waqf Allah Tala and the Latter moved on application on 3-1-1962 that the order of eviction be not sent to the District Magistrate. The Munsif rejected the application under order dated 5.1.1962 which is being challenged in this revision. This Munsif held that he had no jurisdiction to stay communication of the order of eviction.

(3.) The Munsif's order is legal, he having no jurisdiction not to communicate the order of eviction. A perusal of Sec. 7-B shall make it clear that the landlord has merely to put the machinery into motion and as soon as an application is made, the other steps to be taken are automatic except that process fee etc. has to be paid by the landlord. In any case, after the application under Sec. 7-B has been allowed and the order of eviction passed the landlord has to take no further steps and further step were to be taken by the Munsif himself. Sub-Section (6) of the Sec. 7-B clearly lays down that as soon as the order under sub-Section (5) has been passed the Munsif shall forward a copy of the order to the District Magistrate for carrying out the same. When the order of eviction is communicated to the District Magistrate by the Munsif himself and not when moved by the landlord, the landlord has no right to make a request that is order of eviction duly passed be not communicated to the District Magistrate.