Property, Real Estate and Litigation : Legal Aspects of Lease
The case of Om Prakash Agarwal v. Vishan Dayal Rajpoot [2018] GCtR 6370 (SC) has tried to explain the legal issue. It was held that as per amendment by Uttar Pradesh Civil Laws (Amendment) Act, 1972 (U.P. Act No. 37 of 1972) cases by lessor for the eviction of lessee having valuation of more than Rs.5000/- could not have been taken cognizance by Civil Judges, who were designated as Judges of Small Causes Court to take up such cases.
When Legislature treated all suits by the lessor for the eviction of lessee from a building as a “Small Cause Suit”, a forum had to be created for deciding such cases as small cause cases. The Legislature never intended that all cases pertaining to suits by lessor against the lessee of any valuation could be filed in any Small Causes Court.
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