KRISHNA BHAGWAN Vs. DISTRICT JUDGE BAREILLY

JUDGEMENT

(1.) YATINDRA Singh, J. This is the tenant's writ petition. It is against the ex pane order dated 20-5-1992, passed by respondent No. 2, the order dated 12-2-1999 rejecting the application of the tenant to set aside the ex pane order and the order dated 6-3- 1999 passed by respondent No. 1 dismissing the revision of the petitioner against the order dated 12-2-1999. Facts

(2.) RESPONDENTS No. 3 to 7 are the landlords. They let-out 10800 sq. feet of open piece of land to the petitioner by the registered lease deed dated 6-5-1968, for storage of petroleum products, motor ac cessories, etc. The respondents 3 to. 7 (the landlord for short) have filed a suit in the Court of Small Causes, respondent No. 2 for ejectment and arrears of rent. This suit was decreed ex pane on 20- 5- 1992. The petitioner has filed an application on 14-3-1996 for setting aside me ex. pane decree. This application was dismissed on 12-2-1999. The revision against the same was dismissed on 6-9-1999. Hence, the present writ petition. Points for determination

(3.) THE suit itself is for the recovery of referred to as the Act ). All suits of civil the open land and not of buildings. THE nature upto a limit specified in the Act are relief in the suit says so. 1 cognizable by the Court of Small Causes except those, which are mentioned in the Hnd Schedule to the Act. This '- THE respondent No. 2 decreed the suit on 20-05-1992. He also directed the petitioner to hand-over the open piece of land after removing his constructions. 2 THE lease was of open piece of land so was the suit and the decree. Jurisdiction-Small Causes Court