Civil Judge Junior Division Is Entitled to decide suit based on leave and licence agreement
IN THE HIGH COURT OF BOMBAY (NAGPUR BENCH)
W.P. Nos. 3003 and 3030 of 2006
Decided On: 25.09.2006
Appellants: Devidas Mohanlal Gupta
Vs.
Respondent: Ajesh Suresh Sarvaiyya
Vs.
Respondent: Ajesh Suresh Sarvaiyya
Hon'ble Judges/Coram:
B.P. Dharmadhikari , J.
Case Note:
Tenancy - Jurisdiction - Section 32(1)(b), 33 and 33(1)(b) of Maharashtra Rent Control Act, 1999 (Rent Act) - Court below rejected Application of Petitioners to register suit for recovery of possession as regular Suits and held that suit could be tried by Small Cause Court and also by it and there was no discrimination made by Rent Act between two forums - Hence, this Rule - Whether, any distinction between Court of Small Causes established under Provincial Act and Court functioning because of investing of such power under Section 28 of Civil Court Act was recognized by Rent Act - Held, whenever Court of Small Cause was functioning in any area, either established under Provincial Act or because of investing of Small Cause Jurisdiction by High Court under Civil CourtAct, it was apparent that suit or proceeding under Section 33 of Rent Act was to be filed before it - In view of Section 32(1)(b) of Provincial Act such Court excludes jurisdiction of all other Courts in those suits and hence, such Courts invested with jurisdiction were Courts of Small Causes established under Provincial Act itself for purposes of Section 33(1)(b) of Rent Act - Further, even if it was presumed that after Rent Act, all Courts invested with jurisdiction of Small Cause by High Court have lost their status as such, still as both suits filed by Respondents were before Civil Judge which was also invested with Small Cause jurisdiction, it satisfies even requirement of Section 33(1)(c) of Rent Act - Since, procedure to be followed by all Courts functioning under Section 33 of Rent Act was as prescribed by rules framed under Rent Act - Hence, mere categorization of these suits as Regular Civil Suits or Small Cause Suits was not relevant for purposes of adjudication at all - Rule discharged.
