ABDUL SHAHID PATEL Vs. RAMESHWARI DEVI GYARSILAL SHARMA

JUDGEMENT

(1.) Rule made returnable forthwith.

(2.) In Regular Civil Suit No. 386/2007, the Additional Judge, Small Causes Court, Nagpur, has passed a decree for eviction and possession against the respondenttenant. This was the subject matter of challenge in Regular Civil Appeal No. 345/2009 filed by the respondenttenant, which has been allowed by the learned District Judge16, Nagpur, by its judgment and order dated 21st October, 2011. The decree passed by the Small Cause Court has been set aside with a direction to the trial Court to return the plaint to the plaintiff for presentation to the proper Court. It is this judgment and order of the appellate Court which is the subject matter of challenge in this writ petition by the landlord.

(3.) In Regular Civil Appeal No. 345/2009, the appellate Court has recorded the findings on all points on merit in favour of the petitioner landlord, however, the appeal has been allowed only on the ground that the suit premises are the open lands which are not governed by the provisions of the Maharashtra Rent Control Act and hence, the Small Cause Court has no jurisdiction to entertain, try and decide the suit. It is on this sole ground that the appeal has been allowed and the decree passed by the trial Court has set aside.