The main legal point established is that the Chief Judge of the Small Causes Court does not have the power to transfer proceedings from one Court to another Court, and that such power is vested in the High Court or the District Court.

1. At the outset, the Learned Senior Counsel appearing for the Petitioners seeks deletion of the Respondent No.6 as in the context of the challenge raised in the above Petition the Respondent No.6 is a formal party. The said Respondent is accordingly deleted at the risk of the Petitioners.

2. Rule, with the consent of the Learned Counsel for the parties made returnable forthwith and heard.

3. The Writ Jurisdiction of this Court is invoked against the order dated 12.09.2014 passed by the Learned Chief Judge of the Small Causes Court, Mumbai, by which order the application being Transfer Application No.294 of 2014 filed by the Respondent No.4 herein came to be allowed and resultantly, RAE & R Suit No.726/1127 of 2003 was ordered to be transferred from Court Room No.16 to Court Room No.23 in the Small Causes Court, Mumbai.

4. It is not necessary to burden this order with unnecessary details. The facts necessary to be cited for adjudication of the above Writ Petition lie in a narrow compass. The Petitioners claim to be lessees of the property in question which was leased out to them by the Respondent Nos.1 to 3 by a lease executed on 07.08.1968 for a period of 35 years. The Petitioners by creating subleases on 14.01.1972 and 02.12.1981 have further subleased the properties to the Respondent Nos.4 and 5 to the above Petition. The Petitioners filed suit bearing RAE & R Suit No.726/1127 of 2003 for evicting the Respondent No.4 from part of the suit premises which was sublet, the eviction sought was on the ground of arrears of rent, water charges and other charges. It seems that the lease granted in favour of the Petitioners by the landlords i.e. Respondent Nos.1 to 3 expired in the year 2003. The Petitioners as a consequence received a letter from the Respondent Nos.1 to 3 terminating their tenancy on account of the expiry of the lease. The Landlords i.e. Respondent Nos.1 to 3 herein filed the suit bearing TE & R Suit No.235/254 of 2003 for recovery of possession of the suit premises from the Petitioners. It seems that both the suits are at the stage where the evidence of the Plaintiff is to start in both of them i.e. the suit filed by the Petitioners as also the suit filed by the Respondent Nos.1 to 3. The Respondent Nos.1 to 3 filed Transfer Application No.294 of 2014 before the Learned Chief Judge of the Small Causes Court for transfer of both the suits to one Court and be heard together i.e. either transfer both the suits to Court Room No.16 or Court Room No.23. The said Transfer Application No.294 of 2014 was replied to on behalf of the Petitioners and the maintainability of the application was questioned. The Learned Chief Judge of the Small Causes Court has by the impugned order dated 12.09.2014 allowed the said application. The principal ground on which the said application is allowed is that it would be convenient for the parties as otherwise the parties would have to prosecute the suits in different Courts and same would therefore occasion delay in the disposal of the said suits. The Learned Chief Judge has also observed that the suits are required to be transferred to one Court in the interest of justice and expeditious disposal of the said suits. It is the said order dated 12.09.2014 passed by the Learned Chief Judge of the Small Causes Court, Mumbai which is taken exception to by way of the above Petition.

5. Heard the Learned Counsel for the parties. The principal contention of the Learned Senior Counsel appearing for the Petitioners is as regards the power of the Learned Chief Judge of the Small Causes Court to transfer the suit by having recourse to Section 10 of the Presidency Small Cause Courts Act, 1882 (For short “PSCC Act, 1882). It is the contention of the Learned Senior Counsel that recourse to the said provision could not have been taken by the Learned Chief Judge to transfer the suit from one Court to another Court in the Small Causes Court. It was the submission of the Learned Counsel that the power unde