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BOMBAY HIGH COURT
, J
Anjanabai Hanumantrao Sonawane and Others v. Hindustan Construction Co. Ltd. and Panchkutir Developers Ltd.
| Table of Content |
|---|
| 1. jurisdiction of this court over the matter. (Para 1) |
| 2. claims of tenancy and possession are presented. (Para 2 , 3 , 4) |
| 3. understanding of the exclusive jurisdiction outlined in the act. (Para 5 , 6 , 7) |
| 4. court's ruling to refer matter to the proper forum. (Para 8 , 9) |
| 5. final order regarding the case's proceedings. (Para 10) |
1. Whether this Court should hear and dispose of this suit or the suit has to be tried by the Court of Small Causes, Mumbai is the issue. It is the case of the defendant that this Court does not have jurisdiction in view of S.41 of the Presidency Small Causes Court Act 1882 (for brevity referred as 'the said Act') and therefore, the plaint has to be returned to the plaintiffs under Order VII R.10 of Code of Civil Procedure, 1908 and to be presented to the appropriate forum, viz., the Court of Small Causes at Bombay.
2. The plaintiffs have filed an affidavit in reply opposing the chamber summons whereby the stand is that the present suit is not between the lessees / landlord / tenants and therefore, this Court has jurisdiction.
3. The case of the defendant, in short however, is that, the plaint as it reads clearly shows that the dispute raised
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