S.U. Khan, J. - (1.) This is tenant's writ petition. Landlord-respondents 3, 4 and 5 Vishambhar Dayal and others filed suit for eviction and recovery of arrears of rent against tenant-petitioner, which was registered as SCC Suit No. 15 of 1985 on the file of JSCC/IInd Additional Chief Judicial Magistrate, Etah. Suit for eviction as well as recovery of arrears of rent @ Rs. 150/- per month was decreed by trial Court on 18.7.1992. Against the said judgment and decree SCC Revision No. 24 of 1992 was filed by the petitioner, which was dismissed by 1st Additional District Judge, Etah on 22.5.1993, hence this writ petition.
(2.) Learned Counsel for the petitioner has argued only the question of jurisdiction. No other point has been argued. The point of jurisdiction was raised before the trial Court also.
(3.) Through notification dated 6 3.1990 powers of the Courts of Civil Judges were invested on all the Additional Chief Judicial Magistrates in Uttar Pradesh. Through notification dated 8.2 1991 all the Civil Judges were conferred the powers of Judge Small Causes Court while posted in a district where there is no Court of Judge Small Causes. Beth the notifications are extracted below : "128. English Translation of Nyaya (Adhinastha Nyayalaya Anubhag. Notification No. 969/VII-A.N. 214-90. Dated March 6. 1990. Published in the U.P. Gazette. Extra., Part 4. Section (Kha.) Dated 6th March. 1990, P.2 (W). In exercise of the powers under Clause (b) of sub-section (1) of Section 36 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act No. XII of 1887), the Governor, after consultation with the High Court, is pleased to invest the powers of the Courts of Civil Judge on all the Additional Chief Judicial Magistrate in Uttar Pradesh to exercise such powers in their respective districts of posting but they shall not exercise the powers of Assistant Sessions Judge by virtue of having the powers of the Court of Civil Judge." 08.03.1991 No. 72/IVg. 24. In exercise of the powers conferred by sub-section (1) of Section 25 of the Bengal, Agra and Assam Civil Courts Act, 1887 (Act No XII of 1887) as amended by the Uttar Pradesh Civil Laws (Amendment) Ordinance, 1990 (Ordinance No. 31 of 1990) and in suppression of all earlier notifications issued in this behalf, the High Court is pleased to confer, with immediate effect, upon all the Civil Judges and Munsifs, while posted in a district where there is no Court of Small Causes, the jurisdiction of a Judge of Small Causes under the Provincial Small Causes Courts Act, 1887 (Act No. IX of 1887) for the trial of the suits up to the value specified below ";