RADHESHYAM Vs. DISTRICT JUDGE AMRAVATI

JUDGEMENT

(1.) This writ petition is placed before us to decide the following question of law, upon reference being made by the learned Single Judge (Shri B.P. Dharmadhikari, J.) as per his order dated 26-4-2010 :

(2.) The learned Single Judge of this Court, Shri M.S. Deshpande, J. (as he then was), in his judgment in Salimkhan s/o Azimkhan v. Mohammad Ibrahimkhan, 1987 MhLJ 283, has taken the view that a Civil Judge, Senior Division, invested with the jurisdiction of the Court of Small Causes by the High Court under Section 28 of the Bombay Civil Courts Act, 1869, has jurisdiction to try the suits or proceedings between a licensor and licensee, or a landlord and tenant irrespective of the value of the subject-matter of such suits or proceedings, as contemplated by Section 26 under Chapter IV-A-1 of the Provincial Small Cause Courts Act, 1887.

(3.) Disagreeing with the aforesaid view, Shri B.P. Dharmadhikari, J., has expressed the opinion that Section 28 of the Bombay Civil Courts Act, 1869 does not confer the power upon the High Court to invest any Civil Judge with the jurisdiction of a Court of Small Causes for trial of suit cognizable by such Court, irrespective of the value of the subject matter of such suit and, therefore, any Civil Judge invested with the jurisdiction of the Court of Small Causes under Section 28 of the Bombay Civil Courts Act, 1869 cannot exercise jurisdiction to entertain and try the suit or proceedings between a licensor and licensee, or a landlord and tenant relating to recovery of possession of any immovable property, irrespective of the value of the subject-matter of such suit or proceedings.