KAILA MAHLI Vs. KARIWA MAHLI

JUDGEMENT

(1.) By the impugned order dtd. 12/5/2022, the learned Court has disposed of the suit on the ground of jurisdiction holding that it is not maintainable before that Court in light of Jharkhand Building (Lease, Rent and Eviction) Control Act, 2011. The jurisdiction will lie before the Rent Controller, Ramgarh. Aggrieved with that, the petitoiner has filed this petition under Article 227 of the Constitution.

(2.) In view of the above, it is not in dispute that the power of the High of revision under article 227 of the Constitution of India is to be exercised in the case when an order passed by the learned competent court in civil jurisdiction, which is interlocutory in nature, and when the illegality has been found on the face of the record.

(3.) The provision of Sec. 115 of CPC does reflect that question of jurisdiction is to be adjudicated under the revisional jurisdiction as per the provision conferred therein.