KAILASHNATH GURTU Vs. HARISHCHANDRA

JUDGEMENT

(1.) THE applicant Kailashnath filed a suit for the determination of fair rent in the court of the Civil Judge, Gwalior, under Sub -section (4) of Section 5 of the Accommodation Control Ordinance Samvat 2004. During the pendency of the suit Sthan Niyantran Vidhan Section 2006 came into force on the 9th of February, 1950. The trial Court holding that as Sthan Niyantran Vidhan has come into force it has no jurisdiction to try the suit, returned the plaint under Order VII Rule 10. The District Judge held that the order of the trial Court viewed in the light of Section 10 of the Sthan Niyantran Vidhan is correct. The Plaintiff being aggrieved by the decision of the District Judge has filed this revision.

(2.) THE present suit for the determination of lair rent was filed on 2 -5 -1949. Sthan Niyantran Vidhan came into force on 9th February, 1950. So there is no doubt that at the time when the suit was instituted it was governed by the provisions of Accommodation Control Ordinance Samvat 2004. The question for consideration is whether the jurisdiction of the civil Judge to try a suit filed during the life time of the Accommodation Control Ordinance has been ousted by Sthan Niyantran Vidhan Samvat 2006.

(3.) THE question for consideration before the Bombay High Court was whether it had further jurisdiction to try and determine the cases even though the suit was rightly received and entertained at the date when the same was instituted. In the course of the judgment Bhagwati J. made some important observations on the law relating to the subject matter of jurisdiction. As these observations have a very great bearing on this, case, I propose to quote his observations in extenso: