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1956 Supreme(Bom) 40

M.C.CHAGLA, Y.V.DIXIT, R.S.BAVDEKAR
Ranchhodlal Vallabhdas – Appellant
Versus
Mahendrakumar Ambalal – Respondent


Judgment

1. A question relating to jurisdiction arising under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, has been referred to this Full Bench. The scheme of that Act has often been considered by this Court and it is dear that under Section 28 special jurisdiction to try suits arising under the Act was conferred upon ordinary Courts of the land which have been set up under the Civil Courts Act.

The Courts upon which special jurisdiction was conferred are enumerated in Section 28. Under Section 28(1) (a) in Greater Bombay the Court is the Court of Small Causes and under Clause (aa) in any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887, such Court. Therefore, in the State of Bombay we have Courts of Small Causes in Poona and Ahmedabad and this provision would apply to those- Courts.

Then under Section 28(1) (b) elsewhere the Court of the Civil Judge, Junior Division, having jurisdiction in the area in which the premises are situate or if there is no such Civil Judge, the Court of the Civil Judge Senior Division, having ordinary jurisdiction shall have jurisdiction to try suits arising under the Act. In most




























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