MANOHAR SAHADEV SHINDE Vs. YASHWANT SAHADEV SHINDE

JUDGEMENT

(1.) Heard finally.

(2.) The present Appeal from Order is filed by the Appellant original Plaintiff, as the learned Judge of the City Civil Court, Mumbai by order dated 10 September 2009, returned the plaint to the plaintiff, to file the same before the proper Court. This is on a foundation of preliminary issue that the Court has no jurisdiction to entertain and/or try the Suit.

(3.) Admittedly, the Plaintiff is residing in the premises owned by the father along with his brother. The Suit is filed to evict the Defendantbrother. The Civil Court is the only remedy/forum to take such action. The Plaintiff prayed to declare that the Defendant has no right, title or interest in the property and also prayed for mandatory inunction for eviction, apart from the permanent injunction from disturbing the Plaintiff's possession, occupation and enjoyment of the Suit property. These prayers and the contents/averments made in the Suit, in my view, also show that there exists no relationship of landlord and tenant and/or licensor or licensee, which are basic elements for invoking the jurisdiction under Section 41 of the Presidency Small Cause Courts Act, 1882 (for short, "the Small Cause Courts Act").