SALIK CHAND Vs. MOHAN LAL

JUDGEMENT

(1.) SALIK Chand presented a plaint in the court of the second Civil Judge, Meerut at Ghaziabad, alleging inter alia that the defendant Mohan Lal was his tenant and had defaulted in payment of rent. The relief claimed in the plaint was that the defendant be ejected and a decree be passed for recovery of arrears of rent and damages. Many other suits of similar nature were presented by other landlords. These suits were not registered as the Munsarim reported that the court had no jurisdiction to entertain the suits on the small cause court side. The learned Second Civil Judge, by his order dated 18-4-1975 accepted the objection and held that the suits were not entertainable by him. When this order was brought to the notice of the Chief Justice in Chambers by a delegation of Advocates from Ghaziabad, who also presented before him a certified copy of the said order of the Second Civil Judge, the Chief Justice suo motu entertained the revision and sent for the record of the leading suit of Salik Chand v. Mohan Lal. The Chief Justice also directed notice to issue to the plaintiff and defendant of the suit fixing 12th May, 1975 for hearing. The Chief Justice further directed that the case be listed before a Division Bench considering the importance of the matter. This is how the case is listed before us today. Sri G. C. Dwivedi appeared before us for Salik Chand, the plaintiff, and Sri D. P. Garg for defendant Mohan Lal. We sent for the previous notifications on the subject and requested the Registrar of the Court to assist us.

(2.) THE learned Second Civil Judge seems to be of the view that inasmuch as there is a small cause court in the district of Meerut, no court in Ghaziabad can entertain a suit of small cause court nature and exercise powers of small cause court under notification No. 526 dated 25th October, 1972. He seems to be further of the view that under notification dated 29th March, 1973 the suits ought to be filed before the court of the small causes at Meerut and then the District Judge could transfer them for trial and hearing to his court in Ghaziabad and, therefore, he returned the plaints to be presented before the proper court, presumably the court of the small causes at Meerut.

(3.) SECTION 16 of the Provincial Small Cause Courts Act, 1887 lays down :