LAKHAMSHI HIRALAL Vs. DAMJI KHIMJI

JUDGEMENT

(1.) THIS is a revision application under the provision of Section 115 of the Code of Civil Procedure against an order dated 30th April 1964 passed by a Judge of the Bombay Small Causes Court dismissing the petitioner's ejectment application field under the provisions of Section 41 of the Presidency Small Cause Courts Act on the ground that the annual value of the premises at rack rent exceeds Rs. 3,000 and, therefore, the Bombay Small Causes Court had no jurisdiction to entertain, try and determine the said application.

(2.) THE petitioners are the tenants of a godown on the ground floor of Botawala building at Narshi Natha Street, Bombay 9, at a rental of Rs. 188 per mensem. By an agreement dated 27th October 1960, the petitioners granted leave and licence to the respondents to use and occupy a portion of the said godown at a licence fee of Rs. 260 per mensem. The petitioners claim to have terminated the said leave and licence and have filed an application under Section 41 of the Presidency Small Cause Courts Act in the Bombay Small Causes Court to evict the respondents from the said portion of their premises.

(3.) THE respondents contended that the Small Causes Court had no jurisdiction to entertain, try and determine the application. It was contended by them that they were in law tenants and were paying Rs. 260 per mensem, i. e. Rs. 3,120 per annum. Under S. 41 of the Presidency Small Cause Courts Act, an application for possession of the Presidency Small Cause Courts Act, an application for possession of immoveable property can only be filed in the Small Causes Court when annual value at a rack rent does not exceed Rs. 3000.