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G R UDHWANI
Tulsibhai Khushalbhai Parmar – Appellant
Versus
Mohanlal Ratilal Parmar – Respondent
JUDGEMENT
G. R. Udhwani, J.
(1) This petition arises against an order dated 4th January, 2011 passed in P.S.R.P. No. 11 of 2009 instituted under Section 41 of the Presidency Small Causes Courts Act, 1882 (for short the Act ) by the respondent for possession of the suit property on termination of license granted by the respondent to the petitioner.
(2) Learned trial Judge, after hearing the parties and considering the evidence on record, issued a possession warrant against the petitioner under Section 43 of the Act. Petitioner was also directed to pay Rs. 2000/- per month as usage charges to the applicant, till the possession is handed over to him. Aggrieved, the petitioner is before this Court.
(3) An agreement was entered into between the parties on 4th September, 2007 for leave and license of the suit property, wherein admittedly, the petitioner was permitted to use the property for 11 months and 29 days.
(4) A notice dated 5th May, 2008 requiring the possession of the suit property from the petitioner was given before expiry of period agreed in the agreement. This notice was in terms of the Clause 4 of the agreement which permitted each of the parties to issue one month notice for te
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....
Tenant disputes regarding possession are exclusively subject to the jurisdiction of the Small Causes Court under the Presidency Small Causes Court Act, 1882.
Claims arising from a Leave and License Agreement for license fees fall under the exclusive jurisdiction of the Small Causes Court, regardless of the property type involved.
The Small Cause Court has jurisdiction under Section 41 of the Presidency Small Cause Courts Act, 1882 to order possession recovery upon determination of tenancy, confirming compliance with statutory....
The Court of Small Causes has jurisdiction over eviction proceedings involving ex-employees after terminating their licenses under specific contractual premises.
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....
Tenancy rights under the Maharashtra Rent Control Act are inherited by legal heirs post-death of the tenant, necessitating court validation for possession claims.
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