The High Court at Bombay, in inherent powers, directed the return of three plaints because a suit for possession against a gratuitous licensee must be filed in the Court of Small Causes as per recent Full Bench law.
Direction to return the plaints of the three suits to the plaintiff for presentation to the proper Court of Small Causes.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
O.O.C.J.
(1) Suit No. 871 of 2005
Madhavlal N.Pittie ..Plaintiff
vs.
Mr.Vardaraj Yellappa Amin ..Defendant
(2) Suit No.874 of 2005
Madhavlal N.Pittie ..Plaintiff
vs.
Mr.Subhash Bhikoba Chavan ...Defendant
(3) Suit No. 923 of 2005
Madhavlal N.Pittie ..Plaintiff
vs.
Mohamed Hussain Tailor ..Defendant
Mrs.Snehal Modi for plaintiff.
CORAM: S.C.DHARMADHIKARIJ.
16th July, 2007
P.C.
. Mrs.Modi, learned Counsel appearing for the plaintiff,
submits that in the light of law laid down recently by the
Full Bench of this Court, a relief of seeking possession
from the gratituous licensee cannot be sought in this
Court and such a suit for possession of immovable property
and decree based thereupon must be filed in the Court of
Small Causes at Bombay.
2. It is in these circumstances that the plaintiff seeks
return of the plaint in these suits for presentation of
the same before proper Court.
3. In my inherent powers and with a view to do complete
justice to the parties, I direct that the plaint in each
of the suits shall be returned to the plaintiff for
presentation to proper Court. Needless to state that the
petitioner would be at liberty to make appropriate
submissions with regard to bar of limitation, if raised.
All contentions on merits as well as on limitation are
expressly kept open.
(S.C.DHARMADHIKARI J.)
1 issue framed by the court
Whether a suit for possession against a gratuitous licensee is maintainable as a civil suit or must be filed in the Court of Small Causes.
Madhavlal N. Pittie
Mr. Vardaraj Yellappa Amin
Mr. Subhash Bhikoba Chavan
Mohamed Hussain Tailor
S.C. DHARMADHIKARI J.
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court