KUTUBUNISA BEGUM Vs. BILQUEES JAHAN BEGUM

JUDGEMENT

(1.) RULE. Rule made returnable forthwith by consent.

(2.) THE learned 2nd Additional District Judge, Aurangabad took the view that an appeal under section 26-A of the Provincial Small Cause Courts Act, 1984 would be maintainable only against the final disposal of the suit and not against any interim order and was pleased to dismiss the appeal as not maintainable, vide his judgment and decree dated 24-8-1995. This Civil Revision Application challenges this decree passed by the learned 2nd Additional District Judge, Aurangabad.

(3.) CHAPTER IV-A1 was inserted by Maharashtra Act No. XXIV of 1984, by which Small Cause Courts were invested with the powers to deal with certain class of suits between the licensor and licensee or landlord and tenant relating to recovery of possession of any immovable property, irrespective of the value of the subject matter of such suits or proceedings. The whole Chapter IV-A deals with the class of suits mentioned in section 26.