KUSUMLATA Vs. SMPATTI DEVI AND ORS.

JUDGEMENT

(1.) An application under Order VII Rule 11 CPC filed by the revisionist has been rejected by order dated 1.12.2015 which is sought to be challenged on the ground that the JSCC i.e. the Additional District Judge, Court No. 18, Meerut had no jurisdiction to proceed with the SCC Suit No. 57 of 2013 inasmuch as the actual rent of the disputed accommodation is only Rs. 500/-. The plaintiff had quoted a wrong rate of rent i.e. Rs. 2200/- just to maintain this suit and to assert that the provisions of U.P. Rent Control Act No. 13 of 1972 are not applicable and the premises in question is exempted under Section 2 (g) of U.P. Act No. 13 of 1972.

(2.) This issue raised before the Court below can be decided after appreciation of the evidence of both the parties.

(3.) It is reflected from the order impugned that the evidence of plaintiff has been concluded on 20.1.2014, thereafter nine dates were fixed for the evidence of the revisionist, despite that he did not lay his evidence.