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Bombay High Court Full Bench Considers Maintainability of Suit Against Gratuitous Licensee Under Section 41 of Presidency Small Cause Courts Act, 1882. Dispute Arises from Eviction Suit Filed Before Small Cause Court, Challenged for Lack of Jurisdiction Over Gratuitous Licence.

The dispute arose from a suit for eviction filed in the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 188...

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Bombay High Court Allows Second Appeal in Licensee Eviction Case, Holds Civil Court Lacks Jurisdiction. Suit by Licensor Against Gratuitous Licensee Must Be Filed Before Small Causes Court Under Section 41 of Presidency Small Cause Courts Act, 1882.

The case involves a second appeal filed by the defendant (appellant) against the plaintiff (respondent) in a suit for eviction and possession. The pla...

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Bombay High Court Allows Second Appeal in Licensee Eviction Case — Gratuitous Licensee Cannot Claim Tenancy Rights. Relationship of Parties and Nature of Possession Determined by Evidence of License, Not Mere Residence.

The original plaintiff, Saraswatibai Dnyanoba Paigude (since deceased, represented by her legal heir Keshav Dnyanoba Paigude), filed a civil suit for ...

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Bombay High Court Dismisses Revision Against Refusal to Frame Preliminary Issue of Jurisdiction in Eviction Suit. City Civil Court Has Jurisdiction Where Defendant Claims Ownership and Has Filed Separate Title Suit.

The case arises from a civil revision application filed by Vinod Shamsunder Aneja (the applicant/defendant) challenging an order of the City Civil Cou...

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Bombay High Court Dismisses Appeal Against Rejection of Plaint Return in Suit for Possession Against Gratuitous Licensee. Court Holds That Suit for Recovery of Possession Against Gratuitous Licensee Is Exclusively Triable by Small Causes Court Under Presidency Small Causes Court Act, 1882.

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 d...

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Bombay High Court Allows Second Appeal in Ejectment Suit, Holds Transaction Was Gratuitous Licence Not Lease. Court finds that payment of electricity charges and failure to take immediate action do not establish a lease in absence of documentary evidence.

The case involves a dispute over tenement no. E-72 at Shanti Nagar Colony, Nagpur, allotted to the plaintiff (Vinayak Daulat Watkar) in 1974 by the Na...

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Bombay High Court Allows Appeal in Rent Control Suit Against Gratuitous Licensee. City Civil Court Has Jurisdiction to Try Suit for Possession Against Licensee Under Bombay Rent Act, 1947.

The appeal arose from a judgment and order dated 30th March 1994 passed by the Additional Principal Judge, City Civil Court, Mumbai, holding that the ...