- (1.) The present writ petition has been filed against the judgment and order dated 19.11.2010 passed by the District Judge, Aligarh in S.C.C. Revision No. Nil of 2010, Ajay Kumar v. Ashok Kumar (Annexure-7) upholding the order of the Trial Court dated 22.10.2010 (Annexure-6) whereby the application of the petitioner raising a preliminary issue that the Judge Small Causes Court has no jurisdiction to entertain the said suit was rejected by the said Court. The brief facts of the case are as follows: The petitioner is a tenant of the premises in dispute. A suit, being S.C.C. Suit No. 99 of 1998 for arrears of rent and ejectment was filed by the respondent landlord. After the issues were framed and affidavits were exchanged between the parties, an application was filed by the tenant petitioner raising a preliminary issue that the Court of Judge Small Causes had no jurisdiction to entertain the said suit. It was further alleged in the said application that no notice terminating the tenancy was served upon the petitioner and as such the suit is not maintainable. By order dated 13.8.2010 the Court below had dismissed the said application of the petitioner stating that the said issue will be decided at the time of disposal of the suit itself. The petitioner did not challenge the said order. Thereafter, the petitioner again filed a fresh application for the same relief which was rejected by the Trial Court on 22.10.2010.
(2.) Being aggrieved and dissatisfied with the said order, a revision was filed by the petitioner before the District Judge, Aligarh, which too was rejected by order date 19.11.2010. Learned Counsel for the petitioner submitted that the impugned of the petitioner was ever served upon him and as such the Trial Court has no jurisdiction to entertain the suit without deciding the preliminary suffer from a manifest error apparent on the face of record and the same are liable to be set aside by the this Court. He further submits that no notice terminating the tenancy orders issue regarding maintainability of the suit itself.
(3.) Heard learned Counsel for the parties and perusal the record.;