ANUSUYABAI NARAYANRAO GHATE Vs. MAKTUMBI S NADAF

JUDGEMENT

(1.) IN this petition, the petitioner challenges the order dated 14.9.1992 passed by the Appellate Bench of the Small Causes Court at Bombay in Appeal No.409 of 1990. The Appellate Bench held that the appeal is not maintainable and dismissed it.

(2.) LEARNED counsel appearing for the petitioner stated that the appeal was filed under Section 29 of the Bombay Rent Act. The Appellate Bench held that the appeal was against a final order passed under Section 43 of the Presidency Small Cause Courts Act and it was not tenable. It is the contention of the learned counsel for the petitioner that the appeal as filed is tenable under Section 29 of the Bombay Rent Act. He invited my attention to the provisions of Section 29 of the Bombay Rent Act which provide for an appeal against any decree or order made by the Court of Small Causes, Bombay, exercising jurisdiction under Section 28 of the Bombay Rent Act. He further invited my attention to the provisions of Section 51 of the Bombay Rent Act which lay down that references to suits or proceedings in the Bombay Rent Act shall include reference to proceedings under Chapter VII of the Presidency Small Cause Courts Act, 1882 and references to decrees in the Bombay Rent Act shall include references to final orders in proceedings under Chapter VII of the Presidency Small Cause Courts Act. He further relied on a judgment of a Division Bench of this Court in Civil Revision Application No.320 of 1949 (A.Dharamsey v. Mrs.Beatrice Fernandez) decided on 27th July 1949. The Division Bench of this Court, according to the learned counsel for the petitioner, after considering the provisions of Section 51 of the Bombay Rent Act, has held that against an order made under Section 43 of the Presidency Small Cause Courts Act, an appeal lies under Section 29 of the Bombay Rent Act. The Division Bench of this Court in the above referred judgment, after quoting the provisions of Section 51 of the Bombay Rent Act, has observed thus: