Case Note & Summary
The case involves a writ petition filed by the landlords, Subhash s/o Stnarayan Joshi and another, challenging orders of the Small Causes Court and the District Court in a landlord-tenant dispute. The respondent No. 1, Mohd. Sultan s/o Abdul Gani, claiming to be a tenant, instituted Regular Civil Suit No. 159/2003 in the Small Cause Court, Nagpur, seeking a temporary injunction to protect his possession. He later filed another application for a temporary mandatory injunction alleging forcible dispossession during the pendency of the suit and prayed for restoration of possession. The respondent No. 2, who claimed to be the real tenant and was joined as defendant No. 3, filed an application under Order VII Rule 10 of the Code of Civil Procedure, 1908, for return of the plaint on the ground that the dispute was between the plaintiff and himself, not between landlord and tenant, and thus the Small Causes Court lacked jurisdiction. The Small Causes Court allowed both applications of the tenant (exhibits 5 and 7) and rejected the application of respondent No. 2 (exhibit 38). The landlords filed Misc. Civil Appeal No. 248/2003 before the District Court, Nagpur, which was dismissed by the 15th Ad hoc Additional District Judge on 31/3/2005. The landlords then filed this writ petition. The only question of law considered was whether the Small Causes Court is competent to grant relief of injunction in a dispute between landlord and tenant while exercising jurisdiction under Section 26 of the Provincial Small Causes Court Act, 1887. The court heard arguments from both sides and, with consent, made the rule returnable forthwith and heard the matter finally. The court held that the Small Causes Court has jurisdiction to grant temporary injunction in landlord-tenant disputes under Section 26 of the Act, as the dispute is between landlord and tenant and the court has exclusive jurisdiction over such matters. The writ petition was dismissed.
Headnote
A) Civil Procedure - Jurisdiction of Small Causes Court - Temporary Injunction in Landlord-Tenant Dispute - Section 26 of Provincial Small Causes Court Act, 1887 - The court considered whether the Small Causes Court can grant temporary injunction in a suit between landlord and tenant. The tenant filed a suit for injunction and later for mandatory injunction after alleged forcible dispossession. The landlords challenged the jurisdiction. Held that the Small Causes Court has jurisdiction to grant temporary injunction in landlord-tenant disputes under Section 26 of the Act, as the dispute is between landlord and tenant and the court has exclusive jurisdiction over such matters. (Paras 1-2)
Issue of Consideration
Whether the Small Causes Court is competent to grant relief of injunction in a dispute between landlord and tenant while exercising jurisdiction under Section 26 of the Provincial Small Causes Court Act, 1887.
Final Decision
The writ petition is dismissed. The orders of the Small Causes Court and the District Court are upheld. The Small Causes Court has jurisdiction to grant temporary injunction in landlord-tenant disputes under Section 26 of the Provincial Small Causes Court Act, 1887.
Law Points
- Small Causes Court has jurisdiction to grant temporary injunction in landlord-tenant disputes under Section 26 of Provincial Small Causes Court Act
- 1887
- even if the dispute involves a third party claiming tenancy
- as long as the suit is between landlord and tenant.
