Case Note & Summary
The appeal arises from a judgment and order dated 7 May 2014 of a learned Single Judge of the Bombay High Court dismissing the appellant's (original defendant's) notice of motion in Suit No. 5 of 2014. The defendant had sought dismissal of the suit for lack of pecuniary jurisdiction or return of the plaint under Order 7 Rule 10 of the Code of Civil Procedure, 1908 (CPC) for presentation to the appropriate court. The plaintiff, Tejas Natwarlal Parekh, had filed the suit for recovery of possession of suit premises from the defendant, Deepak Natwarlal Parekh, alleging that the defendant was a gratuitous licensee. The defendant contended that under the Presidency Small Causes Court Act, 1882 (PSCCA), exclusive jurisdiction in matters of recovery of possession from a gratuitous licensee vests in the Court of Small Causes, and therefore the High Court lacked jurisdiction. The learned Single Judge dismissed the notice of motion, holding that the suit was not maintainable before the High Court and ordered return of the plaint. The Division Bench, after hearing submissions, upheld the Single Judge's order, relying on the Supreme Court decision in Prabhudas Damodar Kotecha & Ors. v. Manhabala Jeram Damodar & Anr., which held that the expression 'licensee' in Section 14(1)(i) of the PSCCA includes a gratuitous licensee. The appeal was dismissed, and the plaint was directed to be returned for presentation to the Small Causes Court.
Headnote
A) Civil Procedure - Jurisdiction - Exclusive Jurisdiction of Small Causes Court - Suit for recovery of possession against a gratuitous licensee - The expression 'licensee' in Section 14(1)(i) of the Presidency Small Causes Court Act, 1882 includes a gratuitous licensee. Therefore, the Small Causes Court has exclusive jurisdiction to entertain suits for recovery of possession against such licensees, and the High Court lacks jurisdiction. The plaint is liable to be returned under Order 7 Rule 10 CPC for presentation to the proper court. (Paras 1-3)
B) Civil Procedure - Return of Plaint - Order 7 Rule 10 CPC - When a court lacks jurisdiction, the plaint must be returned for presentation to the appropriate court. The learned Single Judge correctly dismissed the notice of motion seeking dismissal of the suit and ordered return of the plaint. (Para 1)
Issue of Consideration
Whether the suit for recovery of possession against a gratuitous licensee is exclusively triable by the Small Causes Court under the Presidency Small Causes Court Act, 1882, and whether the High Court lacks pecuniary jurisdiction to entertain such a suit.
Final Decision
Appeal dismissed. The order of the learned Single Judge returning the plaint for presentation to the Small Causes Court is upheld.
Law Points
- Exclusive jurisdiction of Small Causes Court over suits for recovery of possession against gratuitous licensees
- Interpretation of 'licensee' under Section 14(1)(i) of Presidency Small Causes Court Act
- 1882 includes gratuitous licensee
- Order 7 Rule 10 CPC for return of plaint for want of jurisdiction
Case Details
Appeal (L) No. 364 of 2014 in Notice of Motion No. 1532 of 2013 in Suit No. 5 of 2014
Mohit S. Shah, C. J., M. S. Sonak, J.
Mr. Birendra Saraf with Mr. S. B. Pawar i/b. Little & Co. for Appellant, Mr. J. F. Reis – Sr. Advocate with Mr. R. N. Kachare and Mr. Abhijeet Desai i/b. Mr. Ameet Palkar for Respondent
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Nature of Litigation
Civil appeal against order dismissing notice of motion seeking dismissal of suit for lack of jurisdiction or return of plaint.
Remedy Sought
Appellant (defendant) sought dismissal of suit or return of plaint for presentation to Small Causes Court.
Filing Reason
Defendant contended that suit for recovery of possession against gratuitous licensee is exclusively triable by Small Causes Court.
Previous Decisions
Learned Single Judge dismissed the notice of motion and ordered return of plaint.
Issues
Whether the suit for recovery of possession against a gratuitous licensee is exclusively triable by the Small Causes Court under the Presidency Small Causes Court Act, 1882?
Whether the High Court lacks jurisdiction to entertain such a suit?
Submissions/Arguments
Defendant argued that under Section 14(1)(i) of PSCCA, exclusive jurisdiction vests in Small Causes Court for recovery of possession from a gratuitous licensee, relying on Prabhudas Damodar Kotecha v. Manhabala Jeram Damodar.
Plaintiff opposed, but the court found the defendant's submissions correct.
Ratio Decidendi
The expression 'licensee' in Section 14(1)(i) of the Presidency Small Causes Court Act, 1882 includes a gratuitous licensee. Therefore, suits for recovery of possession against such licensees are exclusively triable by the Small Causes Court, and the High Court lacks jurisdiction. The plaint must be returned under Order 7 Rule 10 CPC.
Judgment Excerpts
This appeal is directed against the judgment and order dated 7 May 2014 made by the learned Single Judge of this Court dismissing the appellant's (original defendant's) notice of motion no. 1532 of 2013 in Suit No. 5 of 2014 urging the dismissal of the suit for lack of pecuniary jurisdiction or the return of the plaint under Order 7 Rule 10 of the CPC for presentation to the appropriate court of competent jurisdiction.
Reliance was placed upon the decision of the Supreme Court in the case of Prabhudas Damodar Kotecha & Ors. vs. Manhabala Jeram Damodar & Anr., for the proposition that the expression 'licensee' used in Section 14(1)(i) of the Presidency Small Causes Court Act, 1882, (PSCCA) includes within its scope and ambit, a gratuitous licensee.
Procedural History
The plaintiff filed Suit No. 5 of 2014 in the Bombay High Court for recovery of possession. The defendant filed Notice of Motion No. 1532 of 2013 seeking dismissal of the suit for lack of jurisdiction or return of plaint. The learned Single Judge dismissed the notice of motion and ordered return of plaint on 7 May 2014. The defendant appealed to the Division Bench, which dismissed the appeal on 12 September 2014.
Acts & Sections
- Presidency Small Causes Court Act, 1882: Section 14(1)(i)
- Code of Civil Procedure, 1908: Order 7 Rule 10
