DEEPAK DHANSING PATIL Vs. GIRISH DAMODAR DEO

JUDGEMENT

(1.) Rule, returnable forthwith. Mr. Ketkar waives service of rule on behalf of the respondents. Heard by consent.

(2.) The petitioner has challenged the impugned order rejecting his application for dismissal of the suit on the ground of jurisdiction. The petitioner-defendant has sought eviction of the respondents-plaintiffs on the basis that the petitioner is a gratuitous licensee vide para 2 of the plaint at Exh. 'a'. On these averments, they have sought a declaration that the defendants are gratuitous licensees and their licence be terminated and revoked.

(3.) This suit is admittedly filed in the court of Small Causes at Pune. It is a settled law vide Ramesh D. Mehra Vs. Indravati d. Mehra, (2001 (4) Bom. C. R. 417) that a suit against a gratuitous licensee will lie only before a Civil Court and not the Court of Small causes in view of section 41 of the Presidency small Causes Courts Act, 1882.