The transfer of suits from Small Cause Courts to the Court of the Civil Judge, Senior Division, under Section 28(2)(a) of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, is to the Court itself and not to a specific Judge.

Headnote:
BOMBAY RENTS, HOTEL AND LODGING HOUSE RATES CONTROL ACT, 1947 - SECTION 28 - JURISDICTION OF COURTS - TRANSFER OF SUITS FROM SMALL CAUSE COURT TO CIVIL JUDGE, SENIOR DIVISION - POWER OF PRINCIPAL JUDGE TO REFER CASES TO COLLEAGUES - POWER OF DISTRICT JUDGE TO TRANSFER SUITS UNDER SECTION 24, CIVIL PROCEDURE CODE - SUMMARY
Fact of the Case:

A question arose regarding the jurisdiction of courts under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically concerning the transfer of suits from Small Cause Courts to the Court of the Civil Judge, Senior Division.
Finding of the Court:

The Court held that the transfer of suits under Section 28(2)(a) of the Rent Act is to the Court of the Civil Judge, Senior Division, and not to a specific Judge. The Principal Judge of that Court has the power to refer the case to any colleague appointed to assist in the disposal of cases.
Issues: 1. Whether the transfer of suits from Small Cause Courts to the Court of the Civil Judge, Senior Division, under Section 28(2)(a) of the Rent Act is to a specific Judge or to the Court itself? 2. Whether the Principal Judge of the Court of the Civil Judge, Senior Division, has the power to refer cases to colleagues under Section 23, para 5 of the Bombay Civil Courts Act, 1869? 3. Whether the District Judge has the power to transfer a suit pending in a Court of Small Causes to a Joint Senior Civil Judge or to a Civil Judge, Junior Division, under Section 24 of the Civil Procedure Code?
Ratio Decidendi: 1. The language of Section 28(2)(a) of the Rent Act indicates that the transfer is to the Court of the Civil Judge, Senior Division, and not to a specific Judge. 2. Section 23, para 5 of the Bombay Civil Courts Act, 1869, empowers the Principal Judge of a Court to refer cases to colleagues appointed to assist in the disposal of cases. 3. Section 28 of the Rent Act does not abrogate the provisions of Section 24 of the Civil Procedure Code, which allows the District Judge to transfer suits to subordinate courts.
Final Decision: 1. The transfer of suits from Small Cause Courts to the Court of the Civil Judge, Senior Division, under Section 28(2)(a) of the Rent Act is to the Court itself and not to a specific Judge. 2. The Principal Judge of the Court of the Civil Judge, Senior Division, has the power to refer cases to colleagues under Section 23, para 5 of the Bombay Civil Courts Act, 1869. 3. The District Judge has the power to transfer a suit pending in a Court of Small Causes to a Joint Senior Civil Judge or to a Civil Judge, Junior Division, under Section 24 of the Civil Procedure Code.

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 Taluka towns we have Courts presided over by the Civil Judge, Junior Division.

In those places those will be the Courts over which special jurisdiction has been conferred, and where we have Courts which are not presided over by a Civil Judge, Junior Division, then the Court designated is the Court presided over by Civil Judge, Senior Division, having ordinary jurisdiction. Then comes Section 28(2) (a) which has caused some difficulty which has necessitated this Full-Bench:

"Notwithstanding anything contained in Clause (aa) of Sub-section (1), the District Court may at any stage withdraw any such suit, proceeding or application pending in a Court of Small Causes established for any area under the Provincial Small Cause Courts Act, 1887, and transfer the same for trial or disposal to the Court of the Civil Judge, Senior Division, having ordinary jurisdiction in such area". Then Clause (b) provides:

"Where any suit, proceeding or application has been withdrawn under Clause (a) the Court of the Civil Judge Senior Division, which thereafter tries such suit, proceeding or- application, as the case may be, may either re-try or proceed from the stage at which it was withdrawn." And Clause (c) States:

"The Court of the Civil Judge trying any suit, proceeding or application withdrawn under Clause (a) from the Court of Small Causes shall, for purposes of such suit, proceeding or application, as the case maybe, be deemed to be the Court of Small Causes." Therefore the scheme of Section 28(2) (a) is very clear. Only in cases pending before the Court of Small Causes established under the Provincial Small Cause Courts Act, the District Court has been given the special power of withdrawing the suits pending in that Court transferring them to another Court which is designated as a Court which would have the same special jurisdiction that the Small Cause Court has been given, and that Court is the Court of the Civil Judge, Senior Division.

What has been sought to be argued is that when the District Judge exercises his power under Section 3 (2) (a) of withdrawing a suit and transferring the same for trial to the Court of the Civil Judge, Senior Division, he can only transfer it to the Civil Judge, Senior Division, and to no other Judge In-advancing this argument the provisions of the Bombay Civil Courts Act, 1869, are ignored. Before we look at that Act a certain well established principle may be enunciated.

2. When the Legislature confers special jurisdiction upon an ordinary Court of the land, that jurisdiction has to be exercised by the ordinary Court according to the procedure of that Court unless in the legislation conferring special jurisdiction there is some provision to the contrary. All the ordinary administrative and other powers of the Court are to be exercised

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