RASHID ALI KHAN Vs. PALIA BUS OPERATOR ASSO.

JUDGEMENT

(1.) I have heard the learned counsel for the parties and have perused the record.

(2.) Sri Satendra Nath Rai, the learned counsel for the revisionists has challenged the validity of the judgment and decree dated 28.10.2016 passed by the Additional District Judge, Lakhimpur Kheri in SCC Suit No.8 of 2011 and the judgment and decree dated 28.10.2016 passed by the same court in SCC Suit No.9 of 2011 whereby the suit filed by the opposite party for eviction and recovery of arrears of rent, has been allowed and a decree for eviction and recovery of arrears of rent as well as damages has been passed against the revisionists.

(3.) The main ground of challenge is that the valuation of both the suits was less then rupees one lakh and as such the Additional District Judge acting as small causes court, had no jurisdiction to decide the same. According to the learned counsel for the revisionists, by U.P. Civil Laws Amendment Act 2015, the pecuniary jurisdiction of the small causes court has been revised and it has been provided that the small causes suits upto the valuation of rupees one lakh between the lessor and lessee for rent and eviction shall be cognizable by small causes court which is presided over by Civil Judge (Senior Division). The suits of higher valuation would lay before the District Judge/Additional District Judge.