NIRMAL DAL MILLS Vs. KRISHNA DEVI AND

JUDGEMENT

(1.) THE plaintiffs opposite parties have filed a suit for ejectment of the defendants revisionists from the premises in suit on the basis of contract of tenancy. THE accommodation in dispute is a Dal Mill. THE defendants took the plea that the Dal Mill is not included within the definition of 'building' as given in U. P. Act XIII of 1972 and a suit for eviction there from cannot be tried by a Small Cause Court. It will lie on the regular side. On this ground, the jurisdiction of the learned Additional District Judge, who was trying the suit on the Small Cause Court side was challenged. An issue was framed on this point and the learned District Judge took the view that a 'Dal Mill' falls within the definition of the word 'Building' as defined in U. P. Civil Laws Amendment Act, 1972 (Act No. 37 of 1972) and the suit for eviction there from shall lie in the Small Cause Court. THE defendants have come up in revision against it. I have heard the learned counsel for both sides and have given my anxious consideration to the whole matter. A proviso has been inserted in sub-clause (3) of Section 15 by the U. P. Civil Laws Amendment Act, 1972. It reads as under:- "Provided that in relation to suits by the lessor for the eviction of a lessee from a building after the determination of his lease, or for recovery from him of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for use and occupation thereof after the determination of the lease, the reference in this sub-section to two thousand rupees shall be construed as a reference to five thousand rupees." THE explanation appended to it says;- "For the purposes of this Article, the expression, 'building' means a residential or non-residential roofed structure and includes any land (including any garden), garges and outhouses, appurtenant to such building and also includes any fittings and fixtures affixed to the building for the mere beneficial enjoyment thereof." This explanation makes it clear that all residential or non-residential roofed structures including land, garges etc. are included in the expression 'building'. THE fittings and fixtures are also included in it. It does not make any exception in the case of factories or mills. THE real test is whether the suit is by a lesser for eviction against a lessee. In the instant case, there is no denying fact that the suit has been filed by the plaintiffs as lessers against the revisionists treating them as lessees. THE premises in dispute is included in the expression 'building' as defined in U. P. Act 37 of 1972. THE suit is clearly cognizable by the Small Cause Court and the finding recorded by the learned District Judge does not suffer from any infirmity. THE revision application is accordingly dismissed with cost on parties.