LAXMIBAI NARAYAN SATESA Vs. DATTATRAYA TUKARAM JARANDE

JUDGEMENT

(1.) This is letters patent appeal by the plaintiff against the judgment and order of Vaidya, J. dated 21st May, 1978 allowing the appeal by the defendant being First Appeal No. 410 of 1973 against the judgment and order of the learned Judge of the City Civil Court dated 13th March, 1973 decreeing the plaintiff's suit.

(2.) The point at issue in this appeal is whether the jurisdiction of the Court to entertain a suit was to be determined not only on averments in the plaint but on the issues that were to be raised considering the averments in the plaint as well as defence in the written statement.

(3.) the plaintiff filed a suit in the City Civil Court for eviction of the defendant from the suit premises and possession thereof on the basis that the defendant was his licensee under the leave and licence agreement. The premises consists of a gala or a stall attached to a hotel on the first floor of the building known as Nanabhai Court on Development and Regulation.. Ambedkar Road, Dadar-14. The defendant in his written statement claimed substancy in respect of the said stall from the plaintiff.