LALA LACHHMAN DASS Vs. GOVERDHAN DASS

JUDGEMENT

(1.) The only point of law involved and referred for decision of the Bench in these two petitions for revision (No. 392-D of 1954 and No. 537-D of 1958) is as follows:

(2.) In C. R. No. 392-D of 1954, a suit for recovery of arrears of rent, Rs. 683/3/-, was instituted by the landlord in the Small Causes Court, Delhi, on 23rd December, 1953. One of the defence taken by the tenant was that the rent claimed was more than the standard rent and a prayer for the standard rent being fixed was made. The plea gave rise to an objection regarding jurisdiction of the Small Cause Court to hear and decide the suit. The objection found favour with Shri Nathu Ram Sharma, the Additional Judge, Small Cause Court, Delhi, and he consequently returned the plaint for being presented to a Court of competent jurisdiction. In the revision filed by the landlord, Mohar Singh J., although in an earlier case he had held the view that there was nothing in the provisions of the Delhi and Ajmer Rent Control Act (No. 38 of 1952), to oust the jurisdiction of the Court of Small Causes in such cases, considered the question to be of some general importance and referred it for decision by a larger Bench.

(3.) In C. R. No. 537-D of 1958, the facts are almost identical, except that Mr. Om Parkash Saini, Additional Judge, Small Cause Court, Delhi, has, following the earlier decision of Mr. Justice Mohar Singh, rejected the tenant's objection regarding jurisdiction and passed a decree for Rs. 210/- in favour of the landlord and the petition in preferred by the tenant.