JUDGMENT
R.C. Mankad, J.
1. This revision application by the original defendant is directed against the judgment and order dated March 8, 1983, passed by the learned Joint Civil Judge, Junior Division, Vadodara holding that since the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (hereinafter referred to as the “Rent Act”) were not applicable to the suit premises, he had jurisdiction to entertain the suit filed by the respondent original plaintiff.
2. Respondent filed a suit against the petitioner for possession of the premises occupied by the petitioner for residence and Gabhan (open plot of land) adjoining the said premises. The suit premises which were let out to the petitioner at monthly rent of Rs. 40/- are situate in village Vadasala in the area under Vadasala Gram Panchayat. Respondent had also prayed for recovery of arrears of rent of Rs. 840/- from the petitioner. Petitioner resisted the respondent’s suit and amongst other things contended that since the suit premises were governed by the provisions of the Rent Act, the Court of learned Civil Judge, Junior Division, Vadodara, before which the respondent’s suit was pending, had no jurisdiction to entertain it. It was contended that only the Small Causes Court at Vadodara alone had jurisdiction to entertain the suit of the nature filed by the respondent. In view of the above contention raised by the petitioner, one of the issues raised by the learned trial Judge for determination was whether “this Court has jurisdiction to try the suit?” and this issue was heard as a preliminary issue. It was submitted on behalf of the petitioner that the State Government had, in exercise of the powers conferred on it by Sub-section (3) of Section 2 and Sub-section (1A) of Section 6 of the Rent Act, issued Notification No. CH/51/37/ 80 BRA dated March 26, 1980, extending all the provisions of part II of the Rent Act to the areas of all Gram Panchayats, Nagar Panchayats, Nagar Palikas and Municipal Corporations, and applying the provisions of Part II with effect from April 3, 1980 to the premises let to the Government of Gujarat or Gram Panchayat, Nagar Panchayat, Nagar Palika, Municipal Corporation or local authority in those areas for the purpose of setting up an office, public hospital, dispensary or godown except the areas in which provisions of Part II are applied for those purposes. It was contended that in view of the notification issued by the State Government, the suit premises which were within the area of Vadasala Gram Panchayat, were governed by the provisions of the Rent Act. The respondent’s suit for arrears of Rent and possession of the suit premises was governed by the Rent Act, and therefore, the Small Causes Court at Vadodara alone had jurisdiction to entertain the suit. It was not disputed that if the suit premises were governed by the provisions of the Rent Act, the Small Causes Court at Vadodara alone had jurisdiction to entertain the respondent’s suit. It was, however, urged on behalf of the respondent that since the notification on which reliance was placed by the petitioner was applicable only to the premises left to the Government of Gujarat, Gram Panchayat, Nagar Panchayat, Nagar Palika, Municipal Corporation or local authority for the purpose of setting up an office, public hospital, dispensary or godown, the provisions of the Rent Act were not applicable to the suit premises which were not let to any of the above authorities for any of the said purposes. It was urged that since the provisions of the Rent Act were not applicable to the suit premises the Court of Joint Civil Judge, Junior Division, Vadodara had jurisdiction to entertain the respondent’s suit.
3. The learned trial Judge after referring to the relevant provisions of the Rent Act and the notification on which reliance was placed by the petitioner, upheld the contention of the respondent he held that as a result of issuance of the notification, provisions of Part II of the Rent Act extended to or applied to the premises let to the Government of Gujarat or Gram Panchayat, Nagar Panchayat, Nagar Palika, Municipal Corporation or local authority for the purpose of setting up office, public hospital, dispensary or godown. The suit premises according to the learned Judge were not covered by the notification and, therefore, the provisions of the Rent Act were not applicable to them. In this view of the matter, he held that he had jurisdiction to entertain the respondent’s suit. Being aggrieved by the view taken by the learned trial Judge, the petitioner has preferred this revision application.
4. The question which is raised before me in this revision application is whether Part II is extended to the area in which the suit premises are situate. It is not in dispute that before the notification dated March 26, 1980, referred to above was issued. Part II of the Rent Act was not extended or applicable to the suit premises which are within the area of Gram Panchayat. Sub-section (3) of Section 2 of the Rent Act empowers the State Government by notification in official gazette to extend to any other area any or all of the provisions of Part II or Part III or of both. Sub-sections (2), (2A) and (2B) extend the provisions of Part II of the Rent Act to (a) the areas specified in Schedule I, (b) those areas of the Saurashtra area of the State of Gujarat to which Part II of the Saurashtra Rent Control Act, 1951 extended, and (c) Kutch area of the State of Gujarat to which Part II of the Rent Act as applied to the said Kutch area extended. Sub-section (2B) is followed by Sub-section (3) which reads as under:
(3). The State Government may, by notification in the Official Gazette extend to any other area any or all of the provisions of Part II or Part III or of both.
Group of sections from Section 6 to Section 31 are in Part II of the Rent Act which is applicable to residential and other premises. Sub-section (1) of Section 6 lays down that in areas specified in Schedule I, this Part (Part II) shall apply to premises let for residence, education, business, trade or storage, and also to open land let for building purposes. This Sub-section (1) reads as follows:
6(1). In area specified in Schedule I, this Part shall apply to premises let for residence, education, business, trade or storage and also to open land let for building purposes.
Provided that the State Government may, by notification in the Official Gazette direct that in any of the said areas, this Part shall cease to apply to premises, let for any of the said purposes.
Provided further that the State Government may by like notification, direct that in any of the said areas-this Part shall re-apply to premises let for such of the aforesaid purposes as may be specified in the notification.
Sub-section (1A) of Section 6 is also relevant for our purpose and it reads as under:
(1A). The State Government may, by notification in the Official Gazette, direct that in any of the said areas this Part shall apply to premises let for any other purpose.
The notification on which reliance is placed by the petitioner was issued by the State Government in exercise of the powers conferred by Sub-section (3) of Section 2 and Sub-section (1A) of Section 6. This notification reads as under:
In exercise of the powers conferred by Sub-section (3) of Section 2 and Sub-section (1A) of Section 6, all the provisions of Part II are extended to the areas of all Gram Panchayais, Nagar Panchayats, Nagar Palikas and Municipal Corporations, and provisions of Part II from 3-4-1980, shall apply to the premises let to the Government of Gujarat, or Gram Panchayat, Nagar Panchayat. Nagar Palika, Municipal Corporation, or a Local Authority in those areas, for the purpose of setting up an office, public Hospital, dispensary or godowns, except the areas in which provisions of Part II are applied for those purposes.
5. As pointed out above, Sub-section (3) of Section 2 of the Rent Act empowers the State Government to extend to any area other than the areas specified in Sub-section (2), (2A) and (2B) any or all of the provisions of Part II or Part III or of both. The notification adverted to above is issued in exercise of the powers conferred by both Sub-section (3) of Section 2 and Sub-section (1A) of Section 6. The State Government, it is clear from the notification, has extended all the provisions of Part II to the areas of Gram Panchayats, Nagar Panchayats, Nagar Palikas and Municipal Corporations. Besides extending Part II to the aforesaid areas, it is also directed that the provisions of Part II with effect from April 3, 1980, shall apply to all the premises let to the Government of Gujarat, Gram Panchayat, Nagar Panchayat, Nagar Palika, Municipal Corporation or Local Authority in those areas for the purpose of setting up an office, public hospital, dispensary or godown. This latter part of the notification is issued in exercise of the powers conferred on the State Government under Sub-section (1A) of Section 6 of the Rent Act. It will be seen that under Sub-section (1A) of Section 6, the State Government has power to apply Part II of the Rent Act to premises let for the purposes other than those mentioned in Sub-section (1) and which are within the areas covered by Sub-section (1). Under Sub-section (1), Part II of the Rent Act applies to the premises let for residence, education, business, trade or storage. However, under Sub-section (1A), the Government has power to extend Part II to the premises which are used for the purposes other than those mentioned in Sub-section (1). Since the State Government wanted to extend the application of Part II to the premises let to Government of Gujarat, Gram Panchayat, Nagar Panchayat, Nagar Palika, Municipal Corporation or Local Authority for the purpose of setting up an office, public hospital, dispensary or godown which were the purposes which were governed or covered by Sub-section (1), the State Government issued the aforesaid notification also under Sub-section (1A) of Section 6. The first part of the notification extends the provisions of Part II to the areas of Gram Panchayats, Nagar Panchayats, Nagar Palikas, Municipal Corporations, while the second or latter part extends the application of Part II to the premises let to the Government of Gujarat: Gram Panchayats, Nagar Panchayats, Nagar Palikas, Municipal Corporation or Local Authority for the purpose of setting up an office, public hospital, dispensary or godowns. The notification makes it clear that it would apply to the areas other than the areas to which the provisions of Part II are applied for the above purposes. In other words, if the provisions of Part II are already extended to the premises let for the above purposes, the notification would not apply. On a plain reading of the aforesaid notification, no other meaning or interpretation. can be placed on it. There is nothing in the notification to suggest that the intention was to extend Part II of the Rent Act only to the premises let out to the Government of Gujarat, Gram Panchayats, Nagar Panchayats, Nagar Palikas, Municipal Corporations, or Local Authority for the purpose of setting up an office, a public hospital, dispensary or godown. As already discussed above, the notification is in two parts and first part extends Part II to the areas of the Gram Panchayats, Nagar Panchayats, Nagar Palikas and Municipal Corporations. There is, therefore, no doubt whatsoever that the suit premises which are within the area of the Gram Panchayat are governed by the provisions of Part II of the Rent Act. The view taken by the learned trial Judge is clearly unsustainable.
6. Section 28 which falls within Part II of the Rent Act provides for jurisdiction of Courts. It is not disputed that if the provisions of the Rent Act are applicable to the suit premises under the said Section 28, the Small Causes Court at Vadodara alone would be the competent Court to entertain the respondent’s suit. It must, therefore, be held that the learned trial Judge had no jurisdiction to entertain the respondent’s suit. This petition must, therefore, succeed.
7. In the result, this petition is allowed. The judgment and order passed by the learned trial Judge are quashed and set aside and it is held that the Court of Joint Civil Judge, Junior Division, Vadodara had no jurisdiction to entertain the respondent’s suit. The trial Court is directed to return the plaint to the respondent for presentation to the proper Court.
Rule made absolute with no order as to costs.