Vikram Nath, J. - (1.) THIS writ petition has been filed by the tenant, for quashing the judgment and order dated 14.5.1982, passed by the Additional District and Sessions Judge, Mathura, in Civil Revision No. 122 of 1982, whereby, the revision filed by the landlord was allowed, the judgment and order of the Trial Court dated 30.9.1982 was set aside and the suit of the landlord for recovery of arrears of rent and ejectment was decreed. The respondent filed a suit for recovery of rent and ejectment against the petitioner in respect of building in occupation of the petitioner. The tenant filed his written statement. He however, filed an application dated 6.2.1981 alleging that the question of the jurisdiction may be decided first, as the petitioner was let cut only on open piece of land by means of rent deed dated 1.11.1950, which was registered with the Sub -Registrar, Mathura, District Agra, and, therefore, no suit would lie for arrears of rent and eviction as the building constructed over the land has been raised and constructed at the expense of the defendant. The Trial Court, 1st Additional District Judge Mathura, vide judgment dated 27.8.1982, while considering the issue No. 3 came to the conclusion that it was cleat from the registered document dated 1.11.1950 that only open piece of the land had been let out to the petitioner and, therefore the suit was not maintainable and the Court has no jurisdiction to entertain the suit for arrears of rent and eviction. Aggrieved by the same, the landlord filed revision under section 25 of the Provincial Small Causes Court Act, 1887 (hereinafter referred to as the 1887 Act), which was registered as Civil Revision No. 122 of 1982. The Special Judge, Mathura, vide judgment dated 24.5.1983 allowed the revision holding that the tenant having failed to raise the question of jurisdiction regarding open land having been rented out, the Trial Court erred in deciding the said question without any pleading. The Revisional Court held that there was default and accordingly, decreed the suit in full. Aggrieved by the same the present writ petition has been filed by the tenant.
(2.) I have heard Sri A.B.L. Gaur, leaned Senior Counsel appearing for the petitioner and Sri R.D. Mishra, Advocate, holding brier of Sri Neeraj Tripathi, learned Counsel for the respondent. It is settled law that question of jurisdiction going to the root of the matter can be raised at any stage of the litigation. In the present case, the tenant -petitioner had raised question of jurisdiction before the Trial Court and the Trial Court found favour with the tenant and dismissed the suit holding that it had no jurisdiction. The reason given was that it was open piece of land, which had been let out by means of rent deed dated 1.11.1950. The Revisional Court has set aside the judgment of the Trial Court only on the ground that there was no pleading in the written statement regarding question of jurisdiction and, therefore, in the absence of the pleadings it cannot be considered and question of jurisdiction could not have been looked into by the Trial Court. The Revisional Court committed error, while making this observation as much as question of jurisdiction can be raised at any stage and secondly, the question having been raised before the Trial Court and it had considered and decided this question, until and unless, the Revisional Court came to conclusion that on the material evidence available on record the suit was maintainable and the Judge, Small Causes Court, had jurisdiction to decide the suit, there was no justification to set aside the finding on the mere technicalities. The impugned judgment of the Revisional Court cannot be sustained as it had failed to consider the evidence and has only set aside the judgment of the Trial Court on the technical ground of lack of pleadings.
(3.) THE matter is liable to be sent back to the Revisional Court to examine the evidence available on record and after consideration of the same decide the question of maintainability of the suit and jurisdiction of the J.S.C.C. to entertain the same.;