High Court dismissed a revision petition challenging an ejectment decree. The court upheld the landlord-tenant relationship based on tenant admissions, finding the Small Causes Court had valid jurisdiction and the decree was legal.
Revision petition dismissed; ejection order of the lower court affirmed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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Reserved
In Chamber
Case :- S.C.C. REVISION No. - 125 of 2022 Revisionist :- Ashok Kumar@ Ashok Yadav Opposite Party :- U.P.State Road Transport Corporation Through Its Rm Counsel for Revisionist :- Dinesh Tiwari Counsel for Opposite Party :- U.S. Singh Visen
Hon'ble Vipin Chandra Dixit,J.
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the defendant-revisionist on payment of Rs.5,000/- per month as rent and it was agreed by the parties that defendant-revisionist will construct the shop over the open land. It is further pleaded that land was allotted to the defendant-revisionist for 10 years and since it was an open land the J.S.C.C. suit is not maintainable. It is further pleaded that no notice was ever served upon the defendant. It is also pleaded that shop in question is within the local limit of Cantonment area and the rent is more than Rs.2,000/- per month, the provisions of U.P. Act No.13 of 1972 is not applicable and the J.S.C.C. suit is not maintainable and the J.S.C.C. Court has got no jurisdiction to decide the suit.
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revisionist in Original Suit No.891 of 2008 that shop was obtained by him on payment of rent as Rs.5,000/- per month and from reply to the legal notice the relation of landlord-tenant between the parties was established and the J.S.C. Court has got jurisdiction to decide the suit. Since there was default in payment of outstanding rent, the suit was rightly decreed by the learned court below and there is no illegality in any manner.
Order Date :- 23.09.2022 Kpy
Digitally signed by KAVLESHWAR PRASAD YADAV Date: 2022.09.27 11:19:54 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the Judge, Small Causes Court had jurisdiction to try the ejectment suit given the disputed nature of the land allotment.
Whether the landlord-tenant relationship was established based on the tenant's admissions in the original suit and notice reply.
Ashok Kumar@ Ashok Yadav
U.P. State Road Transport Corporation
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
