KALI DAS WADHWANI AND ANR. Vs. JAGJIWAN DAS AND ANR.
LAWS(ALL)-1985-10-53
HIGH COURT OF ALLAHABAD
Decided on October 10,1985

Kali Das Wadhwani And Anr. Appellant
VERSUS
Jagjiwan Das And Anr. Respondents

JUDGEMENT

S.D. Agarwala, J. - (1.) THIS is a civil revision filed Under Section 25 of the Provincial Small Cause Courts Act, 1887 (hereinafter referred to as the Act).
(2.) A Suit No. 85 of 1976 was originally filed in the Court of the Civil Judge, Basti, for recovery of arrears of rent and damages and for ejectment from the land ABCD, being part of house No. 382, situate in Nai Bazar, Purani Basti, district Basti. The Defendants filed an objection that the suit was not cognizable by the regular court, namely, the Civil Judge, Basti, and was cognizable by the Judge, Small Cause Court, Basti. Consequently, the suit was transferred tor disposal before the Judge, Small Cause Court, Basti. The 2nd Additional District Judge,. Basti, exercising the powers of the Judge, Small Cause Court, Basti, decreed the suit for ejectment as also for arrears of rent and damages for use and occupation. The suit was decreed by the Judge, Small Cause Court, Basti, on 25th October, 1983. It is this judgment, which has been impugned in the present revision.
(3.) I have heard the learned Counsel for the parties.;


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