Ashok Bhushan, J. - (1.) These appeals have been filed by the appellant(landlord), questioning the judgment of Allahabad High Court in Small Causes Court Revision filed by the respondents(tenant) challenging the decree of eviction passed by Additional District Judge, Firozabad. The issue which has arisen in these appeals pertains to the jurisdiction of Court of Additional District Judge in deciding Small Causes Suit on 22.10.2016.
(2.) The facts necessary to be noticed for deciding these appeals are:- The appellant, the landlord of premises in question filed Judge Small Causes Suit No. 1 of 2008 in the Court of Civil Judge (Senior Division), Small Cause Court, Firozabad praying for decree of eviction, rent and damages. By order dated 05.04.2010 passed by District Judge, the suit was transferred to the Court of District Judge, Firozabad and was registered as S.C.C. Suit No. 1 of 2010. The pecuniary jurisdiction of a Judge, Small Cause Court, which at the time of filing of the suit was Rs.25,000/- was raised from Rs.25,000/- to Rs. 1 lakh w.e.f. 07.12.2005 vide Uttar Pradesh Civil Laws (Amendment) Act, 2015. The Additional District Judge to whom the suit was transferred earlier on the ground that pecuniary jurisdiction of the suit is more than Rs.25,000/- i.e. Rs.27,775/-, proceeded to decide the suit vide its judgment and order dated 22.10.2016 and the suit for eviction, rent and compensation was decreed. Aggrieved against the judgment of Addl. District Judge, revision under Section 25 of the Provincial Small Cause Courts Act, 1887 was filed by the tenant (respondents to this appeal). One of the grounds taken in the revision was that after enactment of Uttar Pradesh Civil Laws (Amendment) Act, 2015, the Court of Additional District Judge ceased to have any jurisdiction to try the suit between lessor and lessee of a value upto Rs. 1 lakh. The assumption subsequent thereto of the jurisdiction by the Additional District Judge is without jurisdiction. Some other grounds were also taken for challenging the judgment dated 22.10.2016. The High Court vide its impugned judgment dated 07.12.2016 allowed the Small Cause Court revision taking a view that order passed by Additional District Judge was without jurisdiction in view of Uttar Pradesh Civil Laws (Amendment) Act, 2015 w.e.f. 07.12.2015, after which date, such case of valuation of Rs.27,775/- could have been decided by Civil Judge (Senior Division) working as Judge Small Causes Court. The High Court relied on the earlier judgment of High Court in SCC Revision No. 278 of 2016 - Shobhit Nigam Vs. Smt. Batulan and another decided on 29.08.2016. The High Court remanded back the Revision for a fresh decision by Small Causes Court presided over by a Civil Judge (Senior Division). The landlord aggrieved by said judgment has come up in this appeal.
(3.) Shri A.K. Singla, learned senior counsel appearing for the appellant contended that High Court committed an error in allowing the Revision. It is submitted that Uttar Pradesh Civil Laws (Amendment) Act, 2015 w.e.f. 07.12.2015 has only enhanced the jurisdiction for institution of small causes suit, which amendment shall have no effect on the pending cases. In the Uttar Pradesh Civil Laws (Amendment) Act, 2015, there was no stipulation that pending cases of having valuation of more than Rs.25,000/- before the Court of District Judge should be transferred. He submits that no objection to the pecuniary jurisdiction of Additional District Judge was taken by the respondents before the Additional District Judge, hence by virtue of Section 21 of the Civil Procedure Code, they were estopped from taking any such objection in the Revision.;