MANI SEERVAI OF BOMBAY Vs. TULSIBAI HIRANAND ACHHIPALIA

JUDGEMENT

(1.) Heard the learned advocate for the petitioner. None present for the respondents, though served.

(2.) The petitioner challenges the order dated 28th february, 1986 passed in R. A. E. Suit No. 1058/3267 of 1985 in relation to the jurisdiction of the Court to entertain the RAE Suit.

(3.) The facts, as revealed from the records, disclose that a suit came to be filed by the respondent Nos. 1 and 2 for declaration, possession and compensation against the petitioner and other respondents. The suit was contested by the petitioner on various grounds inter alia contending the absence of jurisdiction to the Court of Small Causes on the ground that the dispute between a person claiming to be a joint tenant and a trespasser cannot be entertained and tried as the suit arising under the provisions of the Bombay Rents, Hotel Lodging House rates Control Act, 1947, hereinafter called as "the bombay Rent Act", and therefore, the Small Causes court had no jurisdiction to entertain and try the suit. In view of the interim relief asked for, a request was made that the issue of jurisdiction be tried and decided in terms of the provisions of section 9a of the Code of Civil Procedure, 1908. Accordingly, a preliminary issue came to be framed as to whether the Court had jurisdiction to entertain and try the suit, and the Small Causes Court by the impugned order proceeded to dispose of the said issue in exercise of powers under Section 9a of the Code of civil Procedure holding that the said Court has jurisdiction to entertain and try the suit. Hence, the present petition.