MAHADEV P KAMBEKAR (D) TR. LRS. versus SHREE KRISHNA WOOLEN MILLS PVT. LTD.

MAHADEV P KAMBEKAR (D) TR. LRS. versus SHREE KRISHNA WOOLEN MILLS PVT. LTD.

The counter-claim seeking possession and arrears of rent was not maintainable before the High Court on its original side because suits between a licensor and licensee or between a landlord and tenant relating to recovery of possession or rent fall within Section 41 of the Presidency Small Cause Courts Act, 1882 and are exclusively cognizable by the Courts of Small Causes, Bombay; the appellant's contention that determination of tenancy removes the suit from Section 41 was rejected.

Parties
Appellant / Defendant / Lessor/owner: Mahadev P Kambekar (D) Tr. Lrs.; Respondent / Plaintiff / Lessee: Shree Krishna Woolen Mills Pvt. Ltd.
Jurisdiction
India
Judgment Date
31 January 2019
Procedural Posture
Civil Appeal / Decision on Appeal (supreme Court)
Outcome
Appeals dismissed
Legal Topics
Presidency Small Cause Courts Act Section 41, Counter Claim Maintainability, Jurisdiction of Courts of Small Causes Vs High Court/city Civil Court, Specific Performance
Civil Procedure Property Law Landlord and Tenant Court Jurisdiction Presidency Small Cause Courts Act Section 41 Counter Claim Maintainability Jurisdiction of Courts of Small Causes Vs High Court/city Civil Court Specific Performance

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Parties

Mahadev P Kambekar (D) Tr. Lrs.

Appellant / Defendant / Lessor/owner

Shree Krishna Woolen Mills Pvt. Ltd.

Respondent / Plaintiff / Lessee

Procedural Posture

Civil Appeal / Decision on Appeal (supreme Court)

Legal Issues

  1. 1 Whether a counter-claim by a defendant seeking eviction and arrears of rent is maintainable on the original side of the Bombay High Court in view of Section 41 of the Presidency Small Cause Courts Act, 1882.
  2. 2 Whether suits between a licensor and licensee or between a landlord and tenant relating to recovery of possession or rent fall within Section 41 and are exclusively cognizable by the Courts of Small Causes, Bombay.
  3. 3 Whether once tenancy is determined such suits cease to fall within the purview of Section 41.

Ratio Decidendi

The counter-claim seeking possession and arrears of rent was not maintainable before the High Court on its original side because suits between a licensor and licensee or between a landlord and tenant relating to recovery of possession or rent fall within Section 41 of the Presidency Small Cause Courts Act, 1882 and are exclusively cognizable by the Courts of Small Causes, Bombay; the appellant's contention that determination of tenancy removes the suit from Section 41 was rejected.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed.
  • The Division Bench judgment of the Bombay High Court holding the defendant's counter-claim not maintainable under Section 41 of the Presidency Small Cause Courts Act, 1882 is affirmed.