Back
SANDEEP K. SHINDE
Ganpat Govind Shigvan – Appellant
Versus
Preeti Paresh Shah – Respondent
JUDGMENT :
1. Miss Preeti P. Shah, the Respondent and her mother Jaylaxmi Amrutlal Mehta, instituted Suit No.2151 of 2010 against the Petitioner-Defendant, for possession of Garage No.7 admeasuring 140 sq.ft., Ground Floor, New Ajanta Co-operative Housing Society Ltd., situated at L.D. Ruparel Marg, Malabar Hill, Mumbai -400 006 ("suit property-garage" for short). Pending suit, Petitioner-Defendant, taken out Notice of Motion under Order 7 Rule 10 of the CPC for return of plaint with alternative prayer under the provisions of Order 7 Rule 11 of the CPC for rejection of the plaint. Later, prayer seeking rejection of the plaint was not pressed. The Learned Trial Court vide order dated 4th February, 2021 declined to return the plaint and dismissed the Notice of Motion No. 3475/17. Feeling aggrieved by the said order, this Petition is preferred.
2. Facts essential for the decision of this Petition, are as under.
3. Mr. Amrutlal Mehta-father of the Respondent acquired right, title and interest in the suit property-garage. Mr. Amrutlal Mehta, hired Petitioner-Defendant, as a domestic servant for household work in or about 1969. It is stated that initially the Defendant used to sleep outside
The court affirmed that a licensee cannot claim protected tenancy without proving exclusive possession as of 1 February 1973 under Section 15A of the Bombay Rent Act.
In eviction proceedings governed by rent control laws, a landlord need not prove absolute title, only the right to possession. A licensee is estopped under Section 116 of the Evidence Act from questi....
The main legal point established in the judgment is the jurisdiction of the Small Cause Court under Section 41 of the Presidency Small Causes Courts Act to address the refusal to deliver the property....
The Court of Small Causes has jurisdiction over eviction proceedings involving ex-employees after terminating their licenses under specific contractual premises.
Settled possession cannot be deemed unlawful solely due to resignation; eviction requires due process of law.
A licensee whose license has expired cannot claim protected tenant status under Section 15A of the Bombay Rent Act, and tenants are estopped from questioning the landlord's title during eviction proc....
Tenant disputes regarding possession are exclusively subject to the jurisdiction of the Small Causes Court under the Presidency Small Causes Court Act, 1882.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
