JUDGMENT: (PER D.B.BHOSALE, J.)

1. The order of reference dated 16.1.2006, which has occasioned the constitution of this Full Bench, has been passed by the learned Single Judge in view of a divergence of the views of the Division Benches of this court, the first being in Ramesh Dwarkadas Mehra Vs. Indravati Dwarkadas Mehra, 2001(3) ALL MR 668 and the second in Letters Patent Appeal No.129 of 1993 (Bhagirathi Lingawade and ors Vs. Laxmi Silk Mills), decided on 3.9.1993. The provisions of Section 41(1) of The Presidency Small Cause Courts Act, 1882 (for short, "PSCC Act") and section 5(4A) of The Bombay Rents, Hotel and Lodging House Rates (Control) Act, 1947 (for short, "the Rent Act") crop up for consideration in these petitions. In view of a conflict in the interpretation made by the Division Benches, in the aforesaid cases, on the language of these provisions the learned Single Judge has made a reference to the Larger Bench. The Hon’ble the Chief Justice has accordingly constituted this Full Bench to decide the same.

2. The Division Bench in Ramesh Dwarkadas Mehra’s case was dealing with the question, "Whether a suit by a licensor against a gratuitous licensee is tenable before t

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