JUDGMENT - P.S. PATANKAR, J.:---Both these petitions can be disposed of by this common order as they involve the same point. The point involved is 'whether the Court of Small Causes at Bombay under section 41 of the Presidency Small Cause Courts Act, 1882 (hereinafter referred to as S.C.C. Act), in its pre-1976 form as also post-1976 form, has jurisdiction to entertain and try an application or suit for ejectment against a gratuitous licensee'?

FACT IN WRIT PETITION NO. 2336 OF 1997:

The suit premises involved are the upper floor (mezzanine floor) of the garage premises situated at Napeansea Gringe, 91, Napeansea Road, Bombay 400 006. In 1959, the respondents permitted the petitioners to use the said premises on license basis without payment of any compensation. The parties are closely related. By notice dated 29th March, 1968 the permission granted to the petitioners to occupy the premises was revoked. No reply was given to the said notice. The petitioners refused to deliver the premises. Hence, the respondents filed an application to recover from the petitioners vacant and peaceful possession of the suit premises on 29th March, 1968 under section 41 of the S.C.C. Act. The petitio

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