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JUDGMENT

1

REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL Nos. 6726-6727 OF 2013

(Arising out of SLP (Civil) NO.20763-764 OF 2007)

Prabhudas Damodar Kotecha & Ors.

…. Appellants

v.

Manhabala Jeram Damodar & Anr.

...Respondents

J U D G M E N T

K. S. Radhakrishnan, J

Leave granted.

2.

We are, in these appeals, concerned with the question

whether a suit filed by a licensor against a gratuitous licensee

under Section 41(1) of the Presidency Small Causes Courts Act,

1882 (for short “the PSCC Act”), as amended by the Maharashtra

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JUDGMENT

2

Act No.XIX of 1976 (for short “1976 Amendment Act”) is

maintainable before a Small Causes Court, Mumbai. .

3.

The Division Bench of the Bombay High Court in Ramesh

Dwarikadas Mehra v. Indirawati Dwarika Das Mehra (AIR

2001 Bombay 470) held that a suit by a licensor against a

gratuitous licensee is not tenable before the Presidency Small

Causes Court under Section 41 (1) of the PSCC Act, and it should

be filed before the City Civil Court or the High Court depending

upon the valuation. The Division Bench held that the expression

“licensee” used in