LAWS(ALL)-2015-2-332

MANOJ KUMAR Vs. SWATI HOSPITAL (P) LTD.

Decided On February 10, 2015
MANOJ KUMAR Appellant
V/S
Swati Hospital (P) Ltd. Respondents

JUDGEMENT

(1.) Heard Sri Rajeev Gupta, learned counsel appearing for the applicants-revisionists and Sri J.J.Munir, learned counsel appearing for the respondent.

(2.) This revision has been filed by the tenant against the order of the court below by which his application for dismissing the suit on the ground of lack of pecuniary jurisdiction, has been rejected.

(3.) Learned counsel for the revisionists has relied upon a decision of this Court in the case of Union of India and others Vs. Smt. Urmila Rani Gaur and others, reported in 1983(2)ARC304 wherein this Court has held that mense profits cannot be claimed higher than the rent. In the present case admitted rent is Rs. 1000.00 and the mense profits has been determined at Rs. 2500.00 only. As such, the Small Cause Court does not have jurisdiction.