The civil court lacks jurisdiction over matters concerning licensor-licensee relationships, which must be addressed by the Competent Authority under Section 24 of the Maharashtra Rent Control Act, 1999.

JUDGMENT :

ANIL L. PANSARE, J.

Issue Rule returnable forthwith. Learned Counsel Mr. A.P. Deshmukh waives service of Rule on behalf of the respondents. With consent of learned Counsel for the parties, the petition is taken up for final hearing.

2. The petitioner-original defendant has assailed the judgment dated 16/01/2023 passed by the Ad hoc District Judge-2, Nagpur in R.C.A. No.542/2014. The first appellate Court was pleased to dismiss the appeal.

3. The respondents-original plaintiffs had filed a suit being R.C.S. No.50/2014 for ejection, possession and also for mandatory injunction. While dismissing the appeal, the first appellate Court, in categorical terms, held that the relationship between the parties is/was of licensor and licensee.

4. This finding led petitioner to raise the issue of jurisdiction of the civil Court to entertain the suit.Section 24 of the Maharashtra Rent Control Act , 1999 (hereinafter referred to as “Act of 1999” for short) provides that when a licensee is in possession or occupation of premises given to him, on licence for residence, he shall deliver the same to the landlord on expiry of the period of licence and on failure to do so, the licensor shall be entitled to recover possession of such premises from the licensee by making an application to the Competent Authority.

5. In this regard, the provisions of Chapter VIII of the Act of 1999 are relevant. It provides for summary disposal of certain applications, which include application filed under Section 24 of the Act of 1999. Section 24 also provides that the licensee, who does not deliver possession of the premises to the landlord on expiry of period of licence, shall be liable to pay damages at double the rate of licence fee. Section 39 provides that the provisions of this Chapter or any rule made thereunder shall have effect notwithstanding anything inconsistent therewith contained elsewhere in the Act or in any other law for the time being in force. Thus, the provisions of Chapter VIII have overriding effect. Section 40 provides for appointment of Competent Authority, which is said to have been appointed. Section 41 provides for definition of landlord for the purpose of Chapter VIII and sub-clause (c) thereof provides that the landlord, who has given premises on licence for residence or a successor-in-interest referred to in Section 24. Explanation (a) to Section 24 of the Act of 1999 provides that landlord includes successors-in- interest, who becomes landlords of the premises as a result of death of such landlord. The respondents are successors of original landlord and thus are landlords in terms of above explanation. Section 42 provides that landlord may submit application under Sections 22 or 23 or 24 to the Competent Authority as if it were a plaint. Section 43 provides for special procedure for disposal of application, which is of a summary nature. Section 44 provides that order passed by the Competent Authority shall be non-appealable, however, revision would lie before the State Government or such Officer as authorized in this behalf. Section 45 provides for effect of refusal or failure to comply with order of eviction. Section 46 provides that pending suits and proceedings in the Court as on the date of commencement of the Act shall be heard and disposed of by the Court, in which the proceedings are pending. Section 47 is important, which provides for bar of jurisdiction. It provides with a saving clause that no Civil Court shall have jurisdiction in respect of any matter, which the Competent Authority or the State Government or an Officer authorized by it, is empowered by or under this Act to decide.

6. Saving clause deals with the matter that may be filed before the civil Court in terms of the provisions of the Act of 1999. So, to avail protection under saving clause, there has to be an express provision in the Act of 1999 that would enable the licensor to file suit in civil Court. On this point i.e. application to be filed by licensor in