Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Law: Civil Procedure Code (V of 1908)

Section: 12(2)

Civil Procedure Code (V of 1908)-------Ss. 12(2) & 115---Impugning validity of on plea of want of jurisdiction---Petitioner filed ejectment application against respondents in respect of house in question on ground that on death of its original owner its 1/4th share had devolved upon widow of deceased and residue went to father of petitioner as collateral---Petitioner had stated that at the time when Permanent Transfer Deed was issued to original owner, predecessor-in-interest of respondents was in occupation and he became a tenant, but he failed to pay rent of house---Respondents pleaded that father of petitioner had made a will in favour of their predecessor-in-interest and on his death respondents had become owner of said house-Preliminary issue in said ejectment proceedings, was about the existence of relationship of landlord and tenant between the parties on which evidence was led---Rent Controller and Appellate Court concurrently accepted ejectment application holding that existence of relationship of landlord and tenant between parties was established and as tenant had not paid rent, order of his ejectment was correctly passed---Respondents filed application under S.12(2), C.P.C. alleging that both Rent Controller and Appellate Court had acted without jurisdiction---Said application was allowed by Additional District Judge, ejectment order passed in favour of petitioner was set aside, ejectment application was dismissed with direction to petitioner to get his title in respect of house in question determined by the civil court---Concurrent findings of Rent Controller and court of first appeal were that alleged 'will' had not been proved by respondents, but Additional District Judge in his impugned order had not even touched said findings---Nothing was before Rent Controller on basis of which he could have stayed the ejectment proceedings and had asked landlord/petitioner to get established his title before seeking ejectment---Findings recorded by Rent Controller were upheld by the court of first appeal holding that will claimed by respondents in their favour had not been proved---Ejectment order passed by Rent Controller and Appellate Court could not…

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