J. HAY Vs. S.L. THAKRAL

JUDGEMENT

(1.) THIS application in revision by J. Hay and after his death the Administrator General, UP, is directed against the order of the learned Civil Judge Mussoorie, dated 20 -3 -1958, dismissing his application Under Section 7 -B of the UP (Temporary) Control of Rent and Eviction Act - -hereinafter called the Act,

(2.) IT appears that the late J. Hay filed an application Under Section 7 -B of the Act against S.L. Thakral - -who also died during the pendency of this revision and was substituted by his heirs and legal representatives - -alleging that S.L. Thakral was the tenant of his house known as Wisteria, Estate, in Mussoorie under an allotment order of the District Magistrate, but as he was in arrears of rent for more than three months he had rendered himself liable to ejectment from the said house. This application was filed in the court of the Civil Judge, Mussoorie. A preliminary objection was taken on behalf of S.L. Thakral that as Under Section 7 -B, only the Munsif, having territorial jurisdiction in respect of the accommodation in question, had jurisdiction to entertain that kind of application, the learned Civil Judge had no jurisdiction to do so. The objection found favour with the learned Civil Judge. He therefore dismissed the application summarily, thus giving rise to the present revision.

(3.) I am, therefore, satisfied that the view taken by the learned Civil Judge cannot be upheld. I accordingly set aside his order and allow this revision and remand the case to the Court concerned for disposal of the application Under Section 7 -B on merits. Costs here and hitherto, shall abide' the result of that application.