LAXMIDAS MORARJI (DEAD ) BY LRS. versus MISS BEHROSE DARAB MADAN

LAXMIDAS MORARJI (DEAD ) BY LRS. versus MISS BEHROSE DARAB MADAN

A suit before the Small Causes Court for eviction is maintainable under s.28 of the Bombay Rent Act only if a landlord-tenant relationship is established; since the plaintiffs themselves denied such relationship with the respondent and failed to prove she met the statutory definition of 'tenant', the suit was not...

Source-derived case information.

Parties
Appellant: Laxmidas Morarji (Dead) By LRs.; Respondent: Miss Behrose Daras Madan
Jurisdiction
India
Judgment Date
18 September 2009
Procedural Posture
Civil Appeal / Supreme Court; From Bombay High Court (writ Petition No.519 of 1987) and Civil Application No.5701 of 2000
Outcome
Appeals dismissed.
Legal Topics
Maintainability of Suit, Jurisdiction of Small Causes Court, Landlord Tenant Relationship, Article 142 of Constitution of India
Rent Control Civil Procedure Constitutional Law Maintainability of Suit Jurisdiction of Small Causes Court Landlord Tenant Relationship Article 142 of Constitution of India

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Laxmidas Morarji (Dead) By LRs.

Appellant

Miss Behrose Daras Madan

Respondent

Procedural Posture

Civil Appeal / Supreme Court; From Bombay High Court (writ Petition No.519 of 1987) and Civil Application No.5701 of 2000

Legal Issues

  1. 1 Whether the suit for eviction by the owner of the suit premises was maintainable before the Small Causes Court, Bombay
  2. 2 Whether defendant No.5/respondent is a 'tenant' under the Bombay Rents, Hotel and Lodging Houses Rates Control Act, 1947
  3. 3 Scope of Article 142 of the Constitution of India to grant equitable relief

Ratio Decidendi

A suit before the Small Causes Court for eviction is maintainable under s.28 of the Bombay Rent Act only if a landlord-tenant relationship is established; since the plaintiffs themselves denied such relationship with the respondent and failed to prove she met the statutory definition of 'tenant', the suit was not maintainable; the Small Causes Court lacked jurisdiction.

Court Disposition

Appeals dismissed.

Orders

  • Civil Appeal No. 5786 of 2002 dismissed.
  • Civil Appeal No. 5787 of 2002 dismissed as not surviving.