Judgement

S. K. DAS, J. : (On behalf of himself and Hidayatullah J.)The only question which arises in this appeal is, whether on a proper interpretation of S. 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bombay Act LVII of 1947) the Court of Small Causes Bombay had exclusive jurisdiction to deal with the suit out of which this appeal has arisen.

2. The respondent before us is a partnership firm. It was in possession as a tenant of a shop, No. 582/638, at Mulji Jetha Market, Bombay. It instituted a suit in the Bombay City Civil Court (to be distinguished from the Court of Small Causes, Bombay) in which it asked for (1) a declaration that it was in lawful possession of shop No. 582/638 at Mulji Jetha Market, Bombay and that the present appellants (who were the defendants in the suit) or their family members, servants or agents had no right to enter into or remain in possession of the said shop; (2) for an injunction restraining the present appellants, their family members, servants and agents from entering into the said shop; and (3) for an amount of commission payable to it under an agreement dated June 23, 1955. The main averments in the plaint were that b