MANOJ KUMAR GUPTA, J. - (1.) By instant petition under Article 227 of the Constitution, the petitioner has challenged the order dated 10.5.2018 passed by Judge Small Causes declining to return plaint of SCC Suit No. 99/2014 for presentation before regular Civil Court as well as the order dated 24.1.2019 passed by Revisional Court dismissing the revision.
(2.) The basic facts, which are not in dispute, are that the suit for eviction was filed by plaintiff-respondent against the defendant-petitioner for eviction, after determining the tenancy by notice under Section 106 of the Transfer of Property Act, 1882. The plaintiff's case was that U.P. Act No. 13 of 1972 is not applicable to the shop in dispute, consequently, the tenancy was terminable by a simple notice under Section 106 of the Transfer of Property Act. The defendant-petitioner filed written statement followed by an application that the suit is not cognizable by Judge Small Causes, as no relief for compensation for use and occupation for the period after determination of tenancy was claimed. Therefore, the plaint should be returned for presentation before regular Civil Court.
(3.) The trial Court did not agree with the contention of the petitioner and accordingly rejected the application 32Ka filed in that regard by impugned order dated 10.5.2018. The Revisional Court has concurred with the view taken by the trial Court and has dismissed the revision. Learned counsel for the petitioner submitted that in view of Clause (4) of II Schedule as substituted in Uttar Pradesh, a suit by lessor for eviction of lessee from a building as defined in the Explanation would be maintainable before a Court of Small Causes only if the plaintiff apart from relief of eviction also prays for grant of compensation for use and occupation of the building for the period after determination of lease. In other words, the submission is that where compensation for use and occupation of the building after determination of lease is not claimed, the suit would not be maintainable before Judge Small Causes, but would lie before regular Civil Court. ;