The Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, Section 28, gives exclusive jurisdiction to the Special Court created under the Act for suits and proceedings between landlords and tenants relating to the recovery of rent or possession of premises.

JUDGMENT - 1. This is an appeal from Order refusing to grant art injunction in favour of the plaintiff applicant. The short facts are that the defendant is an employee of the Century Mills Ltd., and as such employee he is in occupation of the room in dispute belonging to the century MILLS. In or about August of 1958, the defendant allowed the plaintiff to stay with him, as he says, to facilitate medical treatment of his ailing wife. The plaintiff, however, thereafter started asserting his sub-tenancy in respect of the room which jeopardized defendants own tenancy with the Century Mills. The defendant thereupon commenced proceedings under Section 41 of tin Presidency Small cause Courts Act, in February 1960. The plaintiff filed his statement of defence on the 29th April 1960. On 7th August 1962, when the case reached hearing the parties obtained a consent order as follows;

"The defendant to vacate in four months. No order as to costs. The defendant will be at liberty to file a suit for declaration regarding his right of sub-tenancy in the suit premises within the abovementioned period of four months, After this consent order the plaintiff instituted a suit in the City Civil Court for a declaration that he was a sub-tenant of the suit premises and for an injunction restraining the defendant from executing the order obtained by mm under Section 41 ot the Presidency Small Cause courts Act. He also applied for a temporary injunction which the learned Judge refused to grant. The learned Judge while passing the order observed "There is no doubt whatsoever that the plaintiff is entitled to maintain this suit under the said section", presumably intending thereby to say that the plaintiff was entitled to maintain the suit in the City Civil Court but in view of the amended Section 47 of the presidency Small Cause Courts Act 59 of 1953, which requires that if a defendant in an application under Section 41 or the Presidency Small Cause Courts Act intends to tile a suit, he shall inform the Court of the same and immediately proceed to file the suit before filing his Written Statement, the learned Judge held that in view of the inordinate delay in bringing the suit, the plaintiff had disentitled himself to the Interim Injunction. The plaintiff has now appealed to this Court.

2. As the appeal involved an important question as to the jurisdiction of the City Civil Court to entertain a suit of this nature, it was referred by the learned Chief Justice to a Division Bench and has thus come before us for disposal.

3. The first question which arises is as to whether the City Civil Court had jurisdiction to entertain the suit then by the plaintiff. We propose to consider this question first on first principles and the terms of the Arts involved, and refer to the authorities thereafter.

4. The scheme of the Presidency Small Cause Courts Act 13 to provide by Chapter VII summary procedure for expeditious recovery of possession of immovable property from a tenant or a licenses where the tenancy or the licence is terminated. Section 41 enables a party to make an application for recovery of possession in respect of property the annual rackrent of which does not exceed Rs. 2,000 either against a tenant or a licensee, Section 43 requires the Court to make an order for possession, if the defendant does not appear to show cause on the appointed day and the Court is satisfied that the plaintiff is entitled to make that application. The Explanation to that section provides that if the occupant proves that the title of the applicant by virtue of which he created the tenancy or the licence had terminated previous to the date of the application, then he must be deemed to nave shown sufficient cause within the meaning of the Act, Section 44 enables the bailiff to hand over possession and gives indemnity to the judge or the officer for issuing the order and handing over of the possession. Section 45 saves the proceedings if they are vitated on the ground of error but en

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