1981 Supreme(Bom) 305
R.A.JAHAGIRDAR
Chunilal Radheshyam & Sons – Appellant
Versus
Amin Manilal & Co. Pvt. Ltd. & others – Respondent
JUDGMENT - R.A. JAHAGIRDAR, J.:---This petition raises a question of the jurisdiction of the Court of Small Causes at Bombay under section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, hereinafter referred to as "the Rent Act". The petitioners are a firm carrying on business at 94, Kazi Syed Street, Bombay- 400 003. The first respondent is a private limited company of which respondents Nos. 2 to 4 are the Directors. The petitioners had filed a suit in the Court of Small Causes at Bombay. That suit is R.A. Declaratory Suit No. 2298 of 1978. In the plaint filed in the said suit, the petitioners had given the history of a previous litigation between themselves and the respondents and had contended that as a result of the decree passed in the earlier suit, to which reference will be made shortly, they had become entitled to get from the respondents an aggregate carpet area of 1,375 square feet on the ground floor and 560 square feet carpet are on the mezzanine floor of a building which had been constructed at Kazi Syed Street at the same place where originally another building had stood. They also mentioned that the respondents had not given to them posses
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