Case Note & Summary
The present writ petition challenged an order dated 9.8.2005 passed by the City Civil Court, Bombay, on a preliminary issue of jurisdiction in L.C. Suit No. 2974 of 2004. The respondents, original plaintiffs, were tenants of tenements on a plot of land at Kole Kalyan, Andheri, Bombay. The original landlord, Sheikh Gafoor Sheikh Cassum, entered into an agreement for sale dated 12.8.1987 with M/s. Jogani & Sachdev Developments (the petitioner), and executed a power of attorney in favour of Avtarsingh Sachdev and Ghewarchand Lalchand Jogani, conferring rights to develop the property, settle tenants, and construct a building. The developer issued rent receipts to the tenants, who paid rent to the developer. On 1.3.1992, the developer issued a notice to the tenants demanding vacant possession, claiming they were tenants of the developer. The tenants filed L.C. Suit No. 2974 of 2004 in the City Civil Court seeking a declaration that they were tenants of the original landlord and that the developer had no right to evict them. The developer raised a preliminary objection that the City Civil Court lacked jurisdiction under Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, as the dispute was between landlord and tenant. The trial court held that the developer was not a landlord and the suit was maintainable. The High Court upheld this view, reasoning that the developer was merely an agreement holder and power of attorney holder, not the landlord, and thus the suit was not barred by Section 28. The petition was dismissed.
Headnote
A) Rent Control - Jurisdiction - Section 28 Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Preliminary Issue - The question was whether the City Civil Court had jurisdiction to entertain an eviction suit filed by tenants against a developer who was not the landlord but an agreement holder and power of attorney holder of the original landlord - The Court held that since the developer was not the landlord within the meaning of the Act, the suit was not barred by Section 28 and the City Civil Court had jurisdiction to try the suit (Paras 1-10).
Issue of Consideration
Whether the City Civil Court has jurisdiction to entertain the eviction suit filed by the tenants against the developer, or whether the suit is barred under Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947.
Final Decision
The High Court dismissed the writ petition, upholding the order of the City Civil Court that it had jurisdiction to try the suit.
Law Points
- Jurisdiction of City Civil Court
- Landlord-tenant relationship
- Agreement for sale
- Power of attorney
- Bombay Rents
- Hotel and Lodging House Rates Control Act
- 1947
- Section 28
- Section 41
- Eviction suit
- Preliminary issue
