JUDGMENT - Chainani, C.J.

(1) This is a reference made by Naik J. in First Appeal No. 434 of 1963 and Appeals from Orders Nos. 166 and 170 of 1963, which were placed for hearing before him, he was of the opinion that the decisions of this Court on questions, which arose in these appeals were conflicting. These decisions are Abdul Kayum v. Ebrahim, 61 Bom. LR 1223; Ranjit Patiraj v. Beharam, 65 Bom. LR 464 and Ramkishore v. Vijayabahadursingh, 65 Bom. LR 712 Mr. Justice Naik, therefore, directed that the papers may be placed before the Chief Justice to enable him to refer the matter to a Full Bench. Mr. Justice Naik has not formulated the questions, which have to be considered by the Full Bench. In consultation with, the learned advocates who appears for the parties and the Government Pleader, who has appeared in this reference to assist us, we have formulated the following questions for our consideration.

(1) Whether the City Civil Court, Bombay has jurisdiction to entertain a suit for a declaration that a sub-tenancy was created in favour of the plaintiff by the defendant tenant before the commencement of the Bombay rents, Hotel and Lodging House Rates Control (Amendment) Ordinance, 1959, and for an injunction restraining the defendant from interfering with his possession as a sub-tenant? and

(2) Whether the City Civil Court, Bombay has jurisdiction to entertain a suit for a declaration that the plaintiff is a tenant or sub-tenant of the defendant and for an injunction restraining the defendant from proceeding with or from obtaining an order for eviction of the plaintiff in the application made by the defendant under section 41 of the Presidency Small Cause Courts Act or from executing the order for eviction obtained by him in such application?

(2) In order to answer these questions it is necessary to refer to the relevant provisions of law. These are contained in the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, referred to in the judgment hereafter as the Rent Act, and the Presidency Small Cause Courts Act. The Rent Act was enacted in 1947 and came into force on 13th January 1948. The object of this Act as stated in the preamble is to amend and consolidate the law relating to the control of rents and repairs of certain premises, of rates of hotels and lodging houses and of evictions. One of the objects of the Act therefore is to control the evictions of tenants. The terms "landlord" and "tenant" have been defined in clauses (3) and (11) of section 5 of the Act and have given wider meanings than they bear under the ordinary law. The term "landlord" as defined means any person who is for the time being receiving, or entitled to receive, rent in respect of any premises whether on his own account or an account of or on behalf of any other person. The term "tenant" has been defined as meaning any person by whom or on whose account rent is payable for any premises and includes (a) such sub-tenants and other persons as have derived title under a tenant before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance 1959, (aa) any person to whom interest in premises has been transferred under the proviso to sub-section (1) of section 15, and (b) any person remaining, after the determination of the lease, in possession with or without the assent of the landlord, of the premises leased to such person or his predecessor who has derived title before the commencement of the Bombay Rents, Hotel and Lodging House Rates Control (Amendment) Ordinance 1959. It is not necessary to refer to the other parts of the definitions of these terms. Section 6 to 31 are contained in Part I of the act, which applies to residential and other premises. Section 7 lays down that it shall not be lawful for any landlord to claim or receive on account of rent for any premises any increase above the standard rent, except in certain circumstances specified in the section. Sub-section (1) of section 12 provides

Click Here to Read the rest of this document