YAHABHAI S/O VALIJI E.CHINKAMWALLA Vs. ZOHRABAI

JUDGEMENT

(1.) HEARD both sides. The question is whether the City Civil Court, Bombay is having jurisdiction to try the suit or not.

(2.) THE learned Counsel for the Petitioners contended that main claim made by the Respondents is based upon the provisions of Section 5(11) (c) of the Bombay Rents Hotel Lodging House Rates Control Act, 1947 therefore in view of Section 28 of the said Act the Small Causes Court, Bombay alone shall have jurisdiction. This submission was rejected by the trial Court and hence this revision is preferred.

(3.) THE learned Counsel appearing for the Respondents states that he may be permitted to delete all the above mentioned averments and they may be permitted to amend the plaint. The learned Counsel appearing for the Petitioners have no objection for the same.