ABIDE ALI Vs. DISTRICT JUDGE AND ORS.

JUDGEMENT

(1.) THIS petition arises from the proceedings for release Under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (Act No. 13 of 1972) for short, 'Buildings Act'. Opposite Parties No. 4 and 5 Girlish Kumar and Rajesh Kumar filed application against Petitioner Abide Ali seeking release of the shop in question on the ground that the same was required by them for their own use. The application was rejected by the Prescribed Authority Massif, Bacharach Opposite Party No. 3 by his Order dated 08.02.1985, Annexure No. 3. Opposite Parties No. 4 and 5 thereafter preferred Appeal Under Section 22 before the learned District Judge, Bacharach who transferred it for hearing to the Civil Judge, Bacharach. Opposite Party No. 2 allowed the appeal and released the shop in question in favor of Opposite Parties No. 4 and 5. Aggrieved by this order of the learned Civil Judge tenant -Petitioner has approached this Court Under Article 226 of the Constitution.

(2.) APART from challenging the order of the learned Civil Judge on merits, Petitioner has raised a purely legal ground which pertains to the jurisdiction of the Civil Judge, to hear the appeal. The Petitioner admits that this question was not raised before the learned Civil Judge but his learned Counsel has pressed that since the matter relates to inherent lack of jurisdiction he may be permitted to raise it before this Court in the present proceedings. In my opinion, the question raised by the learned Counsel does go to the root of the jurisdiction of the learned Civil Judge to hear and decide the appeal and therefore, Petitioner should be permitted to raise the plea in the present proceedings despite the fact that the plea was not raised before the appellate authority below.

(3.) APART from Section 10 there is no other provision in the Buildings Act relating to transfer of appeals from the Court of District Judge to other courts and under this provision transfer is possible only to the court of Additional District Judge and to no other court. Therefore, transfer of the appeal in question to the court of Civil Judge was incompetent and without jurisdiction.