POORAN CHAND SETH Vs. PRABHAT KUNWAR

JUDGEMENT

(1.) THIS is a defendants application under S.25 of the Provincial Small Cause Courts Act, 1887, against the order of the Additional District Judge, Muzaffarnagar, exercising powers of the Judge, Small Causes Court, rejecting the defendants objection challenging its jurisdiction.

(2.) THE plaintiff-opposite party filed a suit in the court of the Judge, Small Causes, Muzaffarnagar, for recovery of arrears of rent and ejectment from the cinema building known as "Taj Talkies", Muzaffarnagar, along with the electrical installations, refrigeration equipment, furniture, cooler engine and various other fittings and fixtures mentioned in the schedule to the plaint. The plaint allegations were that the plaintiff was owner of the cinema building which was constructed in the year 1971-72, and the same was let out to the defendant on rent at the rate of Rs. 4500/- per month, but subsequently the rent was reduced to Rs. 4000/- per mensem.

(3.) LEARNED counsel for the defendant has urged that the Additional District Judges finding that the plaintiff had let out only building and not the running cinema business are not in accordance to law. He urged that along with the building the plaintiff had let out machineries and other fittings necessary for running cinema business. The defendants tenancy was not in respect of a building as defined under the Explanation to Article 4 of the Second Sch. to the Small Cause Courts Act, therefore the Judge, Small Causes Court had no jurisdiction to entertain the plaintiffs suit. In order to appreciate the contention, it is necessary to refer to the provisions of the Small Cause Courts Act, 1887, (hereinafter referred to as the Act). S.15 of the Act provides for the cognizance of the suits. Court of Small Causes had no jurisdiction to take cognizance of suits specified in the second schedule as those are excepted from the cognizance of the Court of Small Causes. Sch.II to the Act specified suits which are excepted from the cognizance of a Court of Small Causes. Art.4 of the Schedule as amended by the U.P. Civil Laws Amendment Act 1972, (U.P. Act XXXVII of 1972) is in the following manner :