JANU D DHANAVADE Vs. MUKTABAI BALU DHANAVADE

JUDGEMENT

(1.) HEARD . Rule.

(2.) RULE returnable, forthwith by consent.

(3.) THE matters arise this way. Petitioner's suits were for eviction of the respondents on the ground that they were gratuitous licensee under Section 41 of the Presidency Small Causes Court Act, 1881. They were properly instituted suits according to the law in force, at that time. The Small Causes Court i.e. the trial Judge of that court decreed the suits. Against the decrees, the respondents preferred Appeal No.438 of 1999 and 436 of 1999 to the Appellate Bench of the Small Causes Court. When the Appeals were pending there was a change in the law as a result of the Judgment of the Division Bench of this Court (2001 (3) ALL MR 668 Ramesh Dwarkadas Mehra vs. Indravati Dwarkadas Mehra), wherein it was held that a suit for eviction of a gratuitous licensee, can only be instituted in the City Civil Court, Bombay. The Appellate Bench, guided by the Judgment of the Division Bench of this Court, directed return of the plaint for presenting it to a proper court. Accordingly, the petitioner presented the suit to the City Civil Court, Bombay.