Gujarat High Court Dismisses Revision Against Possession Warrant Under Presidency Small Cause Courts Act, 1882 — Licensee's Alternative Accommodation Irrelevant. Court holds that summary remedy under Section 41 is available to licensor upon revocation of license, and pendency of civil suit or licensee's other property does not affect the right to possession.

High Court: Gujarat High Court In Favour of Prosecution

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2026-05-19 20:06:28

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Case Note & Summary

The case involves a revision application under Section 115 of the Code of Civil Procedure, 1908, filed by Pradipkumar Gordhandas Patel (revisionist) against an order dated 04.12.2019 passed by the Small Cause Court No.10, Ahmedabad in P.S.R.P. No.22 of 2011. The Small Cause Court had issued a possession warrant under Section 41 of the Presidency Small Cause Courts Act, 1882 in favor of Chandrakant Jivanlal Patel (opponent) for recovery of possession of House No.86 situated at Uttar Gujarat Patel Society, Part-I, near Haripur, Asarva, Ahmedabad. The opponent had filed the application alleging that the revisionist was a licensee permitted to use the premises without rent for a limited time, and after revocation of permission, the revisionist failed to hand over possession. The revisionist contended that he had filed Civil Suit No.2069 of 2003 for injunction and Civil Suit No.2929 of 2010 for specific performance, and that he had acquired alternative accommodation. The court considered the scope of Section 41 of the Act, which provides a summary remedy for recovery of possession against a licensee whose license has been revoked. The court held that once the license is revoked, the licensee's possession becomes unauthorized, and the licensor is entitled to possession. The court further held that the existence of civil suits or the licensee's acquisition of alternative accommodation does not bar the summary remedy under Section 41. The revision was dismissed, upholding the possession warrant.

Headnote

A) Presidency Small Cause Courts Act, 1882 - Section 41 - Possession Warrant - License Revocation - Once a license is revoked, the licensee becomes a trespasser and the licensor is entitled to summary possession under Section 41. The court held that the Small Cause Court correctly issued possession warrant as the licensee's possession was permissive and the permission was revoked. (Paras 1-10)

B) Presidency Small Cause Courts Act, 1882 - Section 41 - Alternative Accommodation - Irrelevance - The fact that the licensee has acquired alternative accommodation is not a ground to refuse possession warrant under Section 41. The court held that the remedy under Section 41 is summary and does not depend on the licensee's other properties. (Paras 11-15)

C) Code of Civil Procedure, 1908 - Section 115 - Revision - Scope - Revision under Section 115 is limited to jurisdictional errors. The court held that the Small Cause Court did not commit any jurisdictional error in issuing possession warrant, and the revision was dismissed. (Paras 16-20)

Issue of Consideration

Whether the Small Cause Court was justified in issuing possession warrant under Section 41 of the Presidency Small Cause Courts Act, 1882 against the revisionist (licensee) despite the licensee having filed civil suits for injunction and specific performance, and whether the licensee's acquisition of alternative accommodation is a relevant factor.

Final Decision

The High Court dismissed the revision application, upholding the order dated 04.12.2019 passed by the Small Cause Court No.10, Ahmedabad in P.S.R.P. No.22 of 2011 issuing possession warrant against the revisionist.

Law Points

Licensee's possession after revocation of license is unauthorized
Section 41 of Presidency Small Cause Courts Act
1882 provides summary remedy for possession
Alternative accommodation of licensee is irrelevant for possession warrant
Civil suit by licensee does not bar summary proceedings under Section 41
Revision under Section 115 CPC limited to jurisdictional error

Case Details

2026 LawText (GUJ) (01) 153

R/Civil Revision Application No. 40 of 2020

2026-01-21

J. C. Doshi

Mr. Mrudul M Barot for the Applicant, Mr. Hardik D Muchhala for the Opponent

Pradipkumar Gordhandas Patel

Chandrakant Jivanlal Patel

Nature of Litigation

Civil revision against order issuing possession warrant under Section 41 of Presidency Small Cause Courts Act, 1882

Remedy Sought

Revisionist sought to quash and set aside the order dated 04.12.2019 passed by Small Cause Court No.10, Ahmedabad in P.S.R.P. No.22 of 2011, and to stay the possession warrant

Filing Reason

The revisionist (licensee) was aggrieved by the issuance of possession warrant for recovery of possession of the disputed premises after revocation of license

Previous Decisions

Small Cause Court No.10, Ahmedabad passed order dated 04.12.2019 in P.S.R.P. No.22 of 2011 issuing possession warrant against the revisionist

Issues

Whether the Small Cause Court had jurisdiction to issue possession warrant under Section 41 of the Presidency Small Cause Courts Act, 1882 when the licensee had filed civil suits for injunction and specific performance? Whether the acquisition of alternative accommodation by the licensee is a relevant factor to deny possession warrant?

Submissions/Arguments

Revisionist argued that the Small Cause Court erred in issuing possession warrant as the revisionist had filed Civil Suit No.2069 of 2003 for injunction and Civil Suit No.2929 of 2010 for specific performance, and that the revisionist had acquired alternative accommodation. Opponent argued that the revisionist was a licensee whose permission was revoked, and under Section 41 of the Act, the licensor is entitled to summary possession. The pendency of civil suits or alternative accommodation does not bar the remedy.

Ratio Decidendi

Under Section 41 of the Presidency Small Cause Courts Act, 1882, a licensor is entitled to summary possession of the premises from a licensee whose license has been revoked. The remedy is summary and does not depend on the licensee's other properties or the pendency of civil suits. The Small Cause Court has jurisdiction to issue possession warrant, and revision under Section 115 CPC is limited to jurisdictional errors, which were not present.

Judgment Excerpts

By way of this revision under Section 115 of the Code of Civil Procedure, 1908, revisionist prayed for following relief:- The case backgrounds as under:- Mr. Chandrakant Jivanlal Patel filed the application under Section 41 of the Presidency Small Cause Court Act, 1882 to issue possession warrant against the opponent – Pradipkumar Gordhandas Patel for getting possession of the disputed premises...

Procedural History

The opponent filed an application under Section 41 of the Presidency Small Cause Courts Act, 1882 before the Small Cause Court No.10, Ahmedabad (P.S.R.P. No.22 of 2011) seeking possession warrant. The Small Cause Court issued possession warrant on 04.12.2019. The revisionist filed the present revision under Section 115 CPC before the High Court of Gujarat challenging that order. The High Court heard the matter and dismissed the revision on 21.01.2026.