RITE CHOICE TRADING COMPANY Vs. VIKRAM GOVIND RAO

JUDGEMENT

(1.) The petitioner is the original defendant No. 5. Respondent No. 1 is the original plaintiff, who has filed the Suit for multifarious reliefs. The present petitioner filed an application under Section 9A of the Code of Civil Procedure for framing the preliminary issue about jurisdiction. The trial Court framed the preliminary issue of jurisdiction and decided it. The trial Court held that the jurisdiction of the Court is not barred in view of the provisions of the Maharashtra Rent Control Act Aggrieved thereby, the defendant No. 5 has filed the present Revision. Mr. Hingmire, learned Counsel for the petitioner canvassed the following propositions:

(2.) Mr. Dhakephalkar, learned Senior Counsel for the respondent No. 1-plaintiff supports the order and submits that all Civil Courts have got jurisdiction unless expressly or impliedly barred. According to the learned Senior Counsel, the relief with regard to the reconstruction so also with regard to the declaration about the transaction cannot be granted by the Court established under the Maharashtra Rent Control Act or the Provincial Small Cause Courts Act. Such a relief is outside the purview of the jurisdiction of the Civil Court.

(3.) According to the learned Senior Counsel, if the totality of the plaint is read then it is a dispute basically between the partners of the firm and not a dispute between the landlord and the tenant. The relief is sought against the partners of the firm so also the action taken by the partners of the firm. Such a relief being outside the purview of the Rent Court was perfectly maintainable before the Civil Court. The learned Senior Counsel relies on the judgment of the learned Single Judge of this Court in a case of Bochhraj Factories Pvt. Ltd. Vs. Damyanti, 1977 UCR(Bom) 353 so also the judgment of the Division Bench of this Court in a case of Madhavprasad Vs. Indirabai, 1953 AIR(Bom) 192 and the judgment of the learned Single Judge of this Court in a case of P.V. Raheja Vs. L.I.C. of India, 1982 AIR(Bom) 523.