- (1.) THE important question, which arises for consideration in this case, is as to which of the courts at Fatehpur has jurisdiction to entertain the suit.
(2.) THE suit was filed on April 25, 1972, in the court of munsif at Fatehpur. It was a suit for eviction from certain buildings and for recovery of arrears of rent and compensation for use and occupation. At that time, it was not a suit cognizable by a Court of Small Causes and there is no dispute that the Munsif had jurisdiction to entertain it. While the suit was pending, the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act XIII of 1972) came into force. Subsequently, the U. P. Civil Laws Amendment Act, 1972 (U. P. Act No. 37 of 1972) came into force from September 20, 1972. This Act amended certain provisions of the Provincial Small Cause Courts Act, 18x3?, the Bengal, Agra and Assam Civil Courts Art 1887, the Code of Civil Procedure 1908 and the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. By virtue of the amendments, suits by lessors for the eviction of lessees from buildings after determination of the lease became suits cognizable by Courts of Small Causes. The Additional Munsif, Fatehpur, to whose court the suit had been transferred, held, by his order dated September 2, 1974, that, since the suit was valued at Rupees 1,409.32 P., it was cognizable only by the court of the District Judge, Fatehpur, and that it stood transferred to that court. He accordingly directed the file to be sent to the court of the District Judge. The District Judge took the view that the suit was still cognizable by the Munsif, Fatehpur. Accordingly, by an order dated January 4,1975, he directed the case to be sent back to the court of the Additional Munsif, Fatehpur. Against the order of the District Judge, the defendants have come up in this revision. The effect of the amendments made by Act 37 of 1972 and of the notifications issued under the amended Act are not generally known. It is, therefore, necessary to notice the relevant provisions and the notification in some detail.
(3.) SECTION 15 of the Provincial Small Cause Courts Act, 1887, as applicable to Uttar Pradesh, was in these terms:- "15. Cognizance of suits by Courts of Small Causes. (1) A Court of Small Causes shall not take cognizance of the suits specified in the Second Schedule as suits excepted from the cognizance of a Court of Small Causes. (2) Subject to the exceptions specified in that schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature, of which the value does not exceed one thousand rupees, shall be cognizable by a Court of Small Causes. Subject as aforesaid, the State Government may, by order in writing, direct that all suits of a civil nature, of which the value does not exceed two thousand rupees, shall be cognizable by a court of Small Causes mentioned in the order." Article (4) of the Second Schedule, with which alone we are concerned, read thus:- "(4) A suit for the possession of immovable property or for the recovery of an interest in such property." Article (4) of the Second Schedule read with Section 15 provided that suits for eviction from immovable property and for recovery of an interest therein were excepted from the cognizance of Courts of small Causes. Act 37 of 1972 substituted the following Article (4) of the Second Schedule for the original Article:- "(4) A suit for the possession of immovable property or for the recovery of an interest in such property, but not including a suit by a lessor for the eviction of a lessee from a building after the determination of his lease, and for the recovery from him of compensation for the use and occupation of that building after such determination of lease. Explanation - For the purposes of this Article, the expression `building' means a residential or non- residential roofed structure, and includes any land (including any garden), garages and out-houses, appurtenant to such building, and also includes any fittings and fixtures affixed to the building for the more beneficial enjoyment thereof." On account of this amendment, suits by lessors for the eviction of lessees from buildings became suits cognizable by Courts of Small Causes. Act 37 of 1972 inserted the following proviso in sub-section (3) of Section 15:- "Provided that in relation to suits by the lessor for the eviction a lessee from a building after the determination of his lease, or for recovery from his of rent in respect of the period of occupation thereof during the continuance of the lease, or of compensation for the use and occupation thereof after such determination of lease, the reference in this sub-section to two thousand rupees shall be construed as a reference to five thousand rupees." The result of this proviso was that, with respect to suits of the nature mentioned therein, of which the value did not exceed Rs. 5,000.00, the State Government was empowered to direct that they shall be cognizable by Courts of Small Causes mentioned in the order.;