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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
MADHAV J.JAMDAR
Ramnarain Sons Pvt. Ltd. – Appellant
Versus
Board of Mumbai Port Authority – Respondent
| Table of Content |
|---|
| 1. jurisdiction of small causes court established. (Para 2 , 5 , 6) |
| 2. arguments on jurisdiction under ppe act. (Para 3 , 4 , 10) |
| 3. court's interpretation of 'entertain' in jurisdiction. (Para 7 , 8 , 9) |
| 4. section 15 of ppe act bars jurisdiction. (Para 11 , 12 , 14) |
| 5. the significance of filing date in jurisdiction. (Para 15 , 16) |
| 6. (Para 17 , 18) |
JUDGMENT :
MADHAV J. JAMDAR, J.
1. Heard Mr. Nasikwala, learned Counsel appearing for the Petitioner and Mr. Bangale, learned Counsel appearing for the Respondents.
2. The challenge in this Writ Petition filed under Article 227 of the Constitution of India is to the order dated 13th August 2025 passed by the learned Judge, Small Causes Court, Mumbai below Exhibit-70 in L.E. & C. Suit No.103/123 of 1983 as also to the order dated 12th September 2025 passed by the learned Division Bench of the Small Causes Court, Mumbai in Revision ApplicationNo.239 of 2025. The said Application below Exhibit-70 has been filed by the present Petitioner who is the Defendant No.1, seeking rejection of plaint under Order VII Rule 11(d) of the Code of CIVIL PROCEDURE CODE , 1908 (hereinafter referred as “CPC” for short). The said Application has be
Small Causes Court retains jurisdiction over eviction suits filed before 21st September 1989 under the PPE Act despite subsequent transfers, as affirmed by the Division Bench ruling.
Civil courts retain jurisdiction in tenancy disputes, despite Small Causes Court provisions, allowing broader claims beyond ejectment and possession.
The Court of Small Causes has jurisdiction over eviction proceedings involving ex-employees after terminating their licenses under specific contractual premises.
The Court of Small Causes is a court of preferential jurisdiction, and its decisions do not operate as res judicata in subsequent civil suits filed in a competent court.
Eviction proceedings under the Public Premises Act cannot resolve bona fide title disputes, which must be adjudicated in a civil court, ensuring respect for legal authority and due process.
Exclusion of time under Section 14 of the Limitation Act applies only when court processes are duly followed; failure to complete mandated procedures affects diligence.
Tenant disputes regarding possession are exclusively subject to the jurisdiction of the Small Causes Court under the Presidency Small Causes Court Act, 1882.
The main legal point established in the judgment is the court's authority to allow the framing of additional issues in a suit, despite the opposition of the Respondent, when it deems it necessary for....
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