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1960 DIGILAW 324 (RAJ)

Kanhaiyalal v. Kantilal

1960-12-15

CHHANGANI

body1960
CHHANGANI, J:—This is a plaintiffs appeal against the appellate order dated 9th July, 1958 of the District] Judge, Jaipur District, Jaipur returning the appellants plaint for presentation to the proper Court. 2. The relevant facts are these:— The plaintiff Seth Gulab Chand, now dead and represented by his heirs and legal representatives Kanhaiyalal and Ramdas instituted a suit in the Court of Civil Judge, Jaipur District, Jaipur for the recovery of Rs. 2,644-12-6. The plaintiff s case was that he was a tenant of room nos. 26 and 28 on the second storey of a building on Mumba Devi Road, Bombay belonging to the estate of Laxmi Narain Gamedali and was liable to pay Rs.35/-per month as rent and Rs. 6.5.0 as municipal tax every half year. According to the plaintiff, some-time in the Samvat year 2001 Chhiganlal on behalf of the joint family firm, now represented by Kantilal and Kusumchand, took the said room from the plaintiff as a licensee and agreed to pay in addition to the rent and the municipal tax an additional sum of Rs. 700/-per year on account of good-will. Alleging that the defendant-firm did not pay the amount for the good-will for three years (sm.years 2007, 2008 and 2009) and did not even pay rent and municipal taxes for about fifteen months, the plaintiff instituted a suit for the recovery of Rs. 2,644-12-6. 3. The suit was resisted by the defendants and they inter alia pleaded that the Jaipur Court had no jurisdiction to entertain the suit. 4. The trial Court after framing issues and recording evidence of the parties decreed the plaintiffs suit. The defendants filed an appeal in the Court of District Judge, Jaipur District, Jaipur. The District Judge took into consideration sec. 21 of the Bombay Rent Control Act No. LVII of 1947 (hereinafter referred to as Bombay Act) and came to the conclusion that that section debars the institution of suit for recovery of rent and other charges in respect of any property situated in Greater Bombay in any other court except the court of Small Causes, Bombay and consequently the Civil Judge, Jaipur had no jurisdiction to entertain the suit. He accordingly directed the return of the plaint to the plaintiff. The plaintiffs being dissatisfied with the order of the District Judge have filed the present appeal. 5. I have heard Mr. D.P. Gupta for the appellants and Mr. He accordingly directed the return of the plaint to the plaintiff. The plaintiffs being dissatisfied with the order of the District Judge have filed the present appeal. 5. I have heard Mr. D.P. Gupta for the appellants and Mr. P.C. Bhandari for the respondents. . 6. The plaintiffs maintained the jurisdiction of the Civil Judge, Jaipur District, Jaipur on two grounds (1) that the agreement to pay the rent and the amount for good-will was entered into at Jaipur and, therefore, the cause of action arose within the jurisdiction of the Civil Judge, Jaipur and (ii) that the defendants were residents within the jurisdiction of the Civil Judge, Jaipur. On these two grounds, the suit could be brought in the Court of the Civil Judge under sec. 20 of the Code of Civil Procedure. This position cannot be disputed and has not indeed been disputed by Mr. Bhandari. The question however arises whether sec.28 of the Bombay Act can be said to affect sec. 20 C.P.C. as applicable in Rajasthan and oust the jurisdiction of the Civil Courts in Raj.js.20 of the Code of C.P. is a procedural law and, therefore, ordinarily the law in Rajasthan must prevail as against the laws which are not in force in Rajasthan. The Act is a local law enacted by the Bombay State legislature. Considering the local nature of the law and having regard to the legislative competence of the Bombay Legislature the Bombay Act cannot affect the procedural law in Rajasthan and cannot oust the applicability of sec. 20 C.P.C. in Rajasthan. Further it appears that sec.28 of the Bombay Act is not even of universal application in the Bombay State. Sec. 2(1) of the Bombay Act states that Parts I and IV of the Act shall extend to the whole of the State of Bombay. Sub sec. (2) states that Parts II and III shall extend respectively to the areas specified in Schedules I and II to this Act and shall continue to extend to any such area notwithstanding that the area ceases to be of the description therein specified. Sec. 28 falls within part II and, therefore, has no universal application even in the Bombay State. 7. In these circumstances, I cannot understand how a provision of the Bombay Act which has a limited applicability can be invoked to oust the jurisdiction of the Raj. Courts derived under sec. Sec. 28 falls within part II and, therefore, has no universal application even in the Bombay State. 7. In these circumstances, I cannot understand how a provision of the Bombay Act which has a limited applicability can be invoked to oust the jurisdiction of the Raj. Courts derived under sec. 20 of the Code of Civil Procedure. In my opinion, the view taken by the District Judge is not correct and cannot be maintained. The appeal is consequently accepted. The order of the District Judge, Jaipur District, Jaipur returning the plaint for presentation to proper court is set-aside and the case is sent back with the direction that the appeal shall be heard and disposed of on merits. The costs shall abide the result.