JASPREET SINGH, J. - (1.) The instant revision has been preferred under Section 25 of the Provincial Small Causes Court Act, 1887 against the judgment and order dated 03.09.2012 passed by the Additional District Judge, Court No. 1, Barabanki in SCC Suit No. 3 of 2007 by means of which the SCC Suit No. 3 of 2007 seeking arrears of rent and ejectment preferred by the plaintiff-respondents has been decreed and the defendant-revisionist has been directed to handover the possession of the property in question within three months to the plaintiff/landlord.
(2.) The revisionist-tenant has assailed the judgment dated 03.09.2012 primarily on two grounds. (i) It has been urged by Sri Ratnesh Chandra, learned counsel for the revisionist that the lease which was granted was of a permanent nature and it was not open for the landlord/respondent to terminate the said tenancy. The lease being permanent was not capable of termination and this aspect of the matter has not been considered in the correct perspective and has been decided against the weight of the material on record. (ii) The other submission of Sri Chandra is that the landlord had leased out an open piece of land. That being so in view of Section 15 of the Act of 1887 read with Article 4 as appended to the Second Schedule of the Provincial Small Causes Court Act, the suit was not maintainable before the Judge, Small Causes and the decree passed by the Court being wholly without jurisdiction is liable to be set aside.
(3.) Per contra, Sri Sanjay Kumar, learned counsel for the landlord/respondent submits that the lease was though of an open piece of land but the covenants of the lease clearly provided that the tenant could only raise temporary constructions and upon termination of the lease or upon expiry of its term the tenant would have 3 month's time to remove the same, in case if he fails to do so, the said constructions would vest with the landlord and in such a case where the landlord seeks eviction from the land and building, hence, such a suit would be cognizable by the Judge, Small Causes.;