KAMLA PRASAD Vs. RAM PRASAD

JUDGEMENT

(1.) We are indebted to Mr. Shah Jamil Alam and Mr. K.N. Gupta, who appeared amicus curiae for the plaintiff and the defendant, respectively, in this reference which was otherwise unrepresented. The reference has been made under Order 46, Rule 1, Civil P.C., by the learned Judge of the Small Cause Court at Banda. It arose out of a suit for rent in respect of certain "khattis" or grain-pits situate inside certain houses. The owner of the "khattis" is in the habit of leasing them on rent. The lessee has the right to use them for the purpose of storing grain, and has no other right of enjoyment in the houses in which the khat is are situate. On objection being taken by the defendant to the jurisdiction of the Court the present reference has been made.

(2.) The determination of the question depends upon the right interpretation of the language of Art. 8, Schedule 2, of the Provincial Small Cause Courts Act, which excludes the jurisdiction of the Court of Small Causes inter alia, as regards a suit for the recovery of rent other than house rent, unless the Judge of the Court of Small Causes has been expressly invented by the Local Government with authority to exercise jurisdiction with respect thereto.

(3.) No authority, such as is contemplated by the latter part of the above article, has been conferred upon the learned Judge of the Court below. The sole question is whether this is a suit for recovery of rent of a house. If it is, the jurisdiction of the Court of Small Causes is not barred; if it is not, the suit is cognizable exclusively by a regular civil Court.