R.K. Deshpande, J.

1. This writ petition is placed before us to decide the following question of law, upon reference being made by the learned Single Judge (Shri B.P. Dharmadhikari, J.) as per his order dated 26-4-2010:

“Whether the Court invested with small cause powers under Section 28 of 1869 Act can function as such and exercise unlimited jurisdiction under Chapter IV A-1 of 1887 Act, without any ceiling on its pecuniary jurisdiction?

2. The learned Single Judge of this Court, Shri M.S. Deshpande, J. (as he then was), in his judgment in Salimkhan s/o Azimkhan v. Mohammad Ibrahimkhan, reported in 1987 Mh.L.J. 283, has taken the view that a Civil Judge, Senior Division, invested with the jurisdiction of the Court of Small Causes by the High Court under Section 28 of the Bombay Civil Courts Act, 1869, has jurisdiction to try the suits or proceedings between a licensor and licensee, or a landlord and tenant irrespective of the value of the subject-matter of such suits or proceedings, as contemplated by Section 26 under Chapter IV-A-1 of the Provincial Small Cause Courts Act, 1887.

3. Disagreeing with the aforesaid view, Shri B.P. Dharmadhikari, J., has expressed the op