RAM BARAN Vs. VIITH ADDITIONAL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) THE petitioners are defendants in a suit which is pending in the trial court. THE relief claimed in the suit is for the ejectment of the petitioners from a certain accommodation on the ground that they were in possession as licensees and the licence has been revoked. A written statement was filed. Issues were struck. One of the issues related to the jurisdiction of the civil court to entertain the suit. This issue was decided as a preliminary issue. THE trial court held that the civil court had the jurisdiction. THE revisional court has endorsed this view. Hence this petition.

(2.) INDISPUTABLY the petitioners entered into possession as licensees in the year 1970. The jurisdiction of the civil court to entertain the suit is questioned on the basis of the provisions contained in sub-section (5) of Section 2-A of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). Section 2-A was for the first time inserted in the Act by U. P. Act 28 of 1976. It may be extracted :-

(3.) IN Vishnu Mitra v. Presiding Officer, Jaunpur, 1982 ALR 571 it has been held that where terms and conditions of Section 2-A have not been followed sub-section (5) thereof will have no application.