Case Note & Summary
The dispute originated from a declaratory suit filed by the First Respondent (tenant) against the Petitioner (landlord) in the Court of Small Causes at Bombay, seeking a declaration and injunction regarding an open space admeasuring 10' x 10' let out to him in 1965-66. The Trial Court refused interim relief on the ground that the premises was open land not covered under the Maharashtra Rent Control Act, 2000, as per the definition of 'premises' in Section 7(9). The Appellate Bench affirmed this order. Subsequently, the First Respondent withdrew the suit with liberty to file a fresh suit and instituted a new suit in the City Civil Court. The Petitioner raised an objection to the jurisdiction of the City Civil Court, contending that the suit was between landlord and tenant and thus fell within the exclusive jurisdiction of the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882. The City Civil Court overruled the objection, leading to the present writ petition. The High Court analyzed the settled legal position that Section 41 of the Presidency Small Cause Courts Act, 1882, confers exclusive jurisdiction on the Small Causes Court to try suits between landlord and tenant, irrespective of the applicability of the Maharashtra Rent Control Act. The court held that the mere fact that the premises is open land does not oust the jurisdiction of the Small Causes Court if the relationship of landlord and tenant exists. The High Court allowed the petition, set aside the impugned order, and directed the City Civil Court to return the plaint for presentation to the proper court.
Headnote
A) Civil Procedure - Jurisdiction - Exclusive Jurisdiction of Small Causes Court - Section 41 Presidency Small Cause Courts Act, 1882 - Suit between landlord and tenant regarding open land let out as tenancy - The court held that the Small Causes Court has exclusive jurisdiction to try suits between landlord and tenant, regardless of whether the Maharashtra Rent Control Act, 2000 applies to the premises. The mere fact that the premises is open land does not oust the jurisdiction of the Small Causes Court if the relationship of landlord and tenant exists. (Paras 4-6) B) Rent Control - Applicability - Definition of Premises - Section 7(9) Maharashtra Rent Control Act, 2000 - Open land not appurtenant to building - The court noted that the Trial Judge had held that open land not appurtenant to a building does not attract the provisions of the Maharashtra Rent Control Act, 2000. However, this does not affect the jurisdiction of the Small Causes Court under the Presidency Small Cause Courts Act, 1882. (Para 2) C) Civil Procedure - Withdrawal of Suit - Liberty to File Fresh Suit - Order XXIII Rule 1 CPC - The First Respondent withdrew the earlier suit from the Small Causes Court with liberty to file a fresh suit on the same cause of action, and then instituted a suit in the City Civil Court. The court held that the City Civil Court has no jurisdiction as the suit falls within the exclusive jurisdiction of the Small Causes Court. (Paras 2, 6)
Issue of Consideration
Whether the City Civil Court has jurisdiction to entertain a suit for declaration and injunction in respect of open land let out to a tenant, given the exclusive jurisdiction of the Small Causes Court under Section 41 of the Presidency Small Cause Courts Act, 1882.
Final Decision
The High Court allowed the writ petition, set aside the impugned order dated 17th June 2005 of the City Civil Court, and directed the City Civil Court to return the plaint for presentation to the proper court having jurisdiction.
Law Points
- Exclusive jurisdiction of Small Causes Court under Section 41 of Presidency Small Cause Courts Act
- 1882
- over suits between landlord and tenant
- irrespective of applicability of Maharashtra Rent Control Act
- 2000
- Definition of 'premises' under Section 7(9) of Maharashtra Rent Control Act
- excludes open land not appurtenant to building
- Maintainability of suit in City Civil Court when relationship of landlord and tenant exists.
