MAHENDRA KUMAR Vs. VIJAI KUMAR GUPTA

JUDGEMENT

(1.) CHALLENGING the orders dated 8.7.1997 passed by the Trial Court in S.C.C. Suit No. 41 of 1994 and the judgment dated 29.10.1997 passed by the Revisional Court in S.C.C. Revision No. 39 of 1997, the present writ petition has been filed.

(2.) S.C.C. Suit No 41 of 1994 was instituted by the petitioner for the recov ery of arrears of rent and ejectment against the respondent No. 1 on the pleas in ter alia that the respondent-tenant has made material alteration in the ten anted shop in question and disfigured it, consequently its utility has been re duced. The said suit was filed, as stated above, before the Judge Small Causes Court Act. The respondent No. 1, besides the other pleas, raised plea of juris diction. It was submitted by him that since he is a tenant in the said shop without there being any allotment order in his favour, in view of the Full Bench judgment of this Court in the case of Nutan Kumar v. IInd Additional District Judge, Banda, 1993 (22) ALR 437 the suit is not cognizable in the Court of Judge Small Causes Court. The petitioner filed an application No. 81-C before the Court be low that in view of the Full Bench decision referred to above as also the plea as set out by the defendant-tenant in the written statement, the plaint may be ordered to be returned for presentation before Court of competent jurisdiction. The J.S.C.C., Bijnor by the order dated 8.7.1997 ordered the return of the plaint with the rider that the plaintiff is not entitled to present the said plaint in a Court of competent jurisdiction as no Court is competent to hear the suit for ejectment.

(3.) BY way of clarification, it is added that plea of jurisdiction of the Court shall not be allowed to be raised again by the either parties. Since the matter is old one, it is desirable that the JSCC Court will do good by deciding the suit preferably within a period of one year from the date of production of a certified copy of this order. The application being Paper No. 81-C stand re jected. Petition Allowed.