TaxTMI 
TaxTMI 
TaxTMI 
2016 (8) TMI 1616
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.... aforesaid Act was amended time and again and the pecuniary value of suits cognizable by Small Causes Court was enhanced from time to time. The said Act stood amended in its applicability to the State of U.P., also. The State of U.P., vide Civil Laws (Amendment) Act 1972 added a provision to Sub-section 2 of Section 15 of the Act providing that the suits by the lessor for eviction of the lessee from a building after determination of his lease shall be cognizable by the Small Causes Court and that the reference to Rs. 2,000/- mentioned in Sub-section 2 of Section 15 of the Act shall be construed as Rs. 5,000/- in respect to the above nature of suits. In this way the aforesaid Act in its applicability to U.P., classified the suits cognizable by Small Causes Courts into two groups ie. (i) all suits of the civil nature; and (ii) suits between lessor and lessee for arrears of rent and eviction from a building after determination of lease. Section 15 of the Act read with the Second Schedule in its amendment to the State of U.P., vide Civil Laws (Amendment) Act, 1991 vests the power of trial of all civil suits upto the valuation of Rs. 5,000/- and that of the suits between the lessor ....
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....f the Bengal, Agra and Assam Civil Courts Act as amended by U.P. Act No. 37 of 1972 and the provisions as contained under U.P. Civil Laws Amendment Act, 1991. Both the provisions can be read harmoniously and the net effect of the same is that jurisdiction up the limit of Rs. 25,000/- can be exercised by Judge Small Cause Court under the provisions of Provincial Small Cause Courts Act, and as far as District Judges and Additional District Judges are concerned, they are empowered to exercise jurisdiction of the Judge Small Cause Court for unlimited valuation in suits of rent and eviction between lessor and lessee after determination of lease of a building. In the light of the above provisions, notifications, amendments and the law laid down the position which was prevailing in U.P., since 1991 was that all suits between the lessor and lessee for rent and eviction were tried by the Small Causes Court presided over by senior most Civil Judge, Senior Division of the district upto the valuation of Rs. 25,000/- and those with higher valuation by the District Judge/Additional District Judge as Small Causes Court. The instant suit is between the lessor and the lessee for rent and eviction....
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....f Small Causes.- (1) A Court of Small Causes shall not take cognizance of the suits specified in the Second Schedule as suits expected from the cognizance from the cognizance of a court of Small Causes. (2) Subject to the exceptions specified in that Schedule and to the provisions of of any enactment for the time being in force, all suits of a civil nature of which the value does not exceed five hundred rupees shall be cognizable by a Court of Small Causes. (3) 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 one thousand rupees shall be cognizable by a court of Small Causes mentioned in the order." The aforesaid Section 15 of the Act in its applicability to the State of U.P., wef. 15.1.1991 after the U.P. Civil Laws (Amendment) Act, 1991 reads as under:- "(1) A Court of Small Causes shall not take cognizance of the suits specified in the Second Schedule as suits expected 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 ....
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.... all suits of a civil nature of which the value does not exceed twenty thousand rupees shall be cognizable by a Court of Small Causes: Provided that in relation to suits by the lessor for the eviction of a lessee form a building after the determination of his lease or for recovery from him of rent in respect of the period of occupation thereof after the determination of the lease, the reference in this sub-section to five thousand rupees shall be construed as a reference of 1 lakh rupees. Explanation.- For the purposes of this sub-section, the expression 'building' has the same meaning as in Art. (4) in the Second Schedule." The valuation of the suit at hand is Rs. 44,000/- ie., higher than Rs. 25,000/- and less than Rs. 1,00,000/-. Therefore, in view of the aforesaid amendment it falls within the jurisdiction of the Small Causes Court presided over by Civil Judge (Senior Division) and not the District Judge/Additional District Judge on the date of its decision. The prefatory note of statement of objects and reasons contained in U.P. Civil Laws (Amendment Act) 2015 states that the pecuniary jurisdiction of Small Causes Court in the State of U.P., requires to be enhanc....
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....e and admissible sources which may throw light on it including the legislative history. Thus, it is not proper for me to go into the objects and reasons behind the Amending Act and to interpret the provision in manner different from what it clearly expresses. In this context Section 17 of The Bengal, Agra and Assam Civil Courts Act, 1887 is also relevant and important. It provides that where any civil court has ceased to have jurisdiction with respect to any case, it may be had in the court to which the business of the former court has been transferred. Now by virtue of the amendment in the pecuniary jurisdiction, the District Judge/Additional District Judge has ceased to have jurisdiction over suits below the valuation of Rs.1 lakh concerning rent and eviction form building. Therefore all suits including the above suit requires to be dealt with by Small Causes Court of the Civil Judge (Senior Division) and not by the District Judge/Additional District Judge. In view of the aforesaid discussion with effect from 7th December 2015 the jurisdiction to try all suits between the lessor and lessee for rent & eviction under Section 15 of the Act as applicable to the State of U.P., upto....