URDU EDUCATION SOCIETY Vs. DINSHAW NAORAJI PRINTER

JUDGEMENT

(1.) HEARD Shri P. V. Mandlik, learned Counsel for the petitioner and Shri B. R. Warma, learned Counsel for the respondent.

(2.) RESPONDENT is the landlord of house bearing Municipal No. 3-11-1967 (A) (old), 3-12-1980 (new C. T. S. No. 10159 situated at Shahgunj locality of Aurangabad city. This premises is let out to the petitioners for a monthly rent of Rs. 7963/- excluding electricity and water charge for running the school. Since the defendants failed to pay rent from 1-4-1985, a Small Cause Suit No. 379 of 1986 came to be filed in the Court of Jt. Civil Judge, J. D. at Aurangabad. Defendants resisted the claim. The learned Judge was pleased to decree the suit and directed that the rent Rs. 95,556/- which was already deposited in the Court be paid to plaintiff and he to recover interest of Rs. 17,200/- from the defendants Nos. 1 and 2. This decree dated 10-11-1988 passed by the learned Jt. Civil Judge, J. D. , Aurangabad is challenged in this revision application.

(3.) SHRI P. V. Mandlik, learned Counsel for the petitioners, submitted that Small Cause Court had no jurisdiction to pass a decree for interest to the tune of Rs. 17,200/- as is passed in this case. According to him, the jurisdiction vested in the Small Cause Court under section 15 does not include any pecuniary jurisdiction to decide suit claim and jurisdiction vested in the Small Cause Courts under section 26 is limited to the actual amount of the rent and does not include award of interest. He also submits that defendant was denied proper opportunity to participate in the suit and he was not allowed to lead evidence.