JAMNADAS DHARAMDAS versus DR. J. JOSEPH FERREIRA AND ANR.

JAMNADAS DHARAMDAS versus DR. J. JOSEPH FERREIRA AND ANR.

The Court of Small Causes, Bombay has jurisdiction under section 28 of the Bombay Rent Act to decree possession of leased land including superstructures as incidental relief. Tenant's persistent default in paying rent and taxes excludes relief under section 12(3)(b). The landlord is entitled to decree for possession, with vacant land delivered to him without the structures, and only removal of superstructure—if any—is incidental to an effective possession order.

Parties
Appellant/defendant Tenant: Jamnadas Dharamdas; Respondent/plaintiff Landlord: Dr. J. Joseph Ferreira
Jurisdiction
India
Judgment Date
07 May 1980
Procedural Posture
Civil Appeal by Certificate / Final Appeal From Bombay High Court Judgment Dated 23 10 1969 in S.c.a. No. 1596 of 1965
Outcome
Appeal dismissed
Legal Topics
Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Jurisdiction of Court of Small Causes, Forfeiture Under Lease, Relief From Forfeiture, Mesne Profits, Superstructure Rights on Leased Land
Landlord and Tenant Property Law Rent Control Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 Jurisdiction of Court of Small Causes Forfeiture Under Lease Relief From Forfeiture Mesne Profits +1 more

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Parties

Jamnadas Dharamdas

Appellant/defendant Tenant

Dr. J. Joseph Ferreira

Respondent/plaintiff Landlord

Procedural Posture

Civil Appeal by Certificate / Final Appeal From Bombay High Court Judgment Dated 23 10 1969 in S.c.a. No. 1596 of 1965

Legal Issues

  1. 1 Whether the Court of Small Causes, Bombay has jurisdiction to grant a decree for possession of leased land including superstructures under Section 28 of the Bombay Rent Act
  2. 2 Whether the tenant can claim relief from forfeiture of superstructures built on leased land upon repeated defaults in payment of rent and taxes
  3. 3 Whether relief under Section 12(3)(b) of the Bombay Rent Act can be granted in case of persistent default

Ratio Decidendi

The Court of Small Causes, Bombay has jurisdiction under section 28 of the Bombay Rent Act to decree possession of leased land including superstructures as incidental relief. Tenant's persistent default in paying rent and taxes excludes relief under section 12(3)(b). The landlord is entitled to decree for possession, with vacant land delivered to him without the structures, and only removal of superstructure—if any—is incidental to an effective possession order.

Court Disposition

Appeal dismissed

Orders

  • Decree for possession of two plots of land Nos. 12 and 13 and buildings thereon granted.
  • Decree regarding arrears of rent and mesne profits confirmed.