9911796707
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Issues:
1. Jurisdiction of the Small Cause Court. 2. Finding of subletting the property. Analysis: 1. The judgment involves a civil revision filed under Section 25 of the Provincial Small Cause Courts Act, 1887. The suit was initially filed in the Court of the Civil Judge, Basti, for recovery of rent and ejectment from a specific land. The Defendants objected that the suit should be under the jurisdiction of the Small Cause Court, which was accepted, and the suit was transferred. The Small Cause Court decreed the suit for ejectment and rent on 25th October 1983, leading to the current revision challenging the jurisdiction of the Small Cause Court and the finding of subletting. 2. The first contention raised was regarding the jurisdiction of the Small Cause Court. The revisionists argued that the suit was not cognizable by the Small Cause Court, and the decree was without jurisdiction. However, the court analyzed the facts and legal provisions, including Section 15(1) of the Act and Article 4 of the Second Schedule. It was established that the suit for eviction of a lessee from a non-residential roofed structure falls under the Small Cause Court's jurisdiction. The court further held that the revisionists, having initially agreed to the transfer of the case to the Small Cause Court, were estopped from challenging the jurisdiction later. 3. The second contention pertained to the finding of subletting the property. The court upheld the lower court's finding, stating it was a factual determination without legal infirmity. As possession had been delivered to the landlord, the dispute was limited to rent and damages for use and occupation. The court ruled that until possession was returned, the tenant was liable to pay rent, justifying the decree for arrears of rent and damages. Consequently, the revision was dismissed, and each party was directed to bear their own costs, bringing closure to the legal dispute.
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