MAN SINGH Vs. BISHAMBAR SINGH

JUDGEMENT

(1.) WHEN this revision came up for admission before a learned Single Judge, he referred the following question for decision by a larger Bench and directed that the revision be listed for admission after the opinion of the larger Bench has been received :-

(2.) THE material facts giving rise to this revision are that on the 3rd May, 1972, plaintiff-respondent No. 1, claiming to be the landlord of the premises in question instituted a suit in the court of the learned City Munsif, Meerut, for ejectment of the applicant and defendant opposite party and for recovery of arrears of rent and pendente lite and future mesne profits at the rate of Rs. 45 per month. In consequence of the amendment of the Provincial Small Cause Courts Act, 1887 by the Uttar Pradesh Civil Laws Amendment Act. 1972 which came into force on the 16th September, 1972, the suit came to be transferred to the court of the learned Judge, Small Causes at Meerut. The applicant and opposite party No. 2 resisted the claim on various pleas. Benefit of S. 39 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 - hereinafter referred to as the Act - was also claimed.

(3.) AS far as the question framed by the learned Single Judge is concerned, a mere reading of Section 20 of the Act makes it clear that it must be answered in the negative. Section 20 of the Act, as far as material for our purposes is in the following terms :-