JUDGMENT - D.P. MADON, J.:---The question with respect to this Courts jurisdiction to entertain and try the suit file on the Original Side has been referred to a Division Bench by a learned Single Judge of this High Court and now comes before us for our determination.

2. The plaintiffs is the monthly tenant of a flat on the ground floor of a building belonging to Ashok Nagar Co-operative Housing Society Limited situate at 10th North-South Road, Juhu--Vile Parle Development Scheme, Bombay 400 056. By an agreement dated June 20, 1968 the plaintiff granted to the defendant leave and licence to occupy the said flat upon terms and conditions contained in the said agreement. The said licence was for a period of 11 months commencing from June 15, 1968 and the licence fee mentioned therein was a sum of Rs. 400 per month. By Clause 14 of the said agreement the defendant covenanted that on the termination of the said licence he would remove himself quietly and peacefully along with this family members and his servants and agents and their furniture and fixtures and would give vacant possession of the said premises to the plaintiff. On the expiry of the period of the said agreement a fresh agr

Click Here to Read the rest of this document