Dismissed

Shri Ashok Shankarrao Khaire v. Ramchandra Chimaji Pate (Decd. Thro. L. H.) Smt. Sitabai Ramchandra Pate and Ors.

Bombay HC17 Jul 2007SA/261/2007

Case brief

AI extract

What is this about?

In a second appeal and civil application, the appellate court dismissed the matter raised for the first time questioning Civil Court jurisdiction under the Rent Act, noting absence of pleadings and failure to seek amendment permission.

What did the court decide?

The appeal and civil application were dismissed as no interference was warranted.

Shri Ashok Shankarrao Khaire Vs Ramchandra Chimaji Pate… — Landlord and Tenant | Bombay HC (2007)

¶1

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶2

 CIVIL APPELLATE JURISDICTION

¶3

 SECOND APPEAL NO.261 OF 2007

¶4

 WITH

¶5

 CIVIL APPLICATION NO.540 OF 2007

¶6

 Shri.Ashok Shankarrao Khaire ...Appellant

¶7

 Versus

¶8

 Ramchandra Chimaji Pate & Ors. ...Respondents

¶9

 Mr.S.G.Surana for Appellant.

¶10

 None for Respondents.

¶11

CORAM: A.M.KHANWILKAR, J.

¶12

 JULY 17, 2007.

¶13

P.C.

¶14

 1. Heard Counsel for the Appellant.

¶15

 2. The question sought to be argued before
 this Court is being raised for the first time in
 the present Appeal. No pleading is brought to my
 notice to support the argument that such stand was
 taken before the Trial Court.

¶16

 : 2 :

¶17

 3. I have no doubt that if such plea was to
 be taken before the Trial Court, the Trial Court
 would have had formulated first issue relating to
 jurisdiction of the Court to try and decide the
 Suit, if the cause of action was exclusively
 triable by the Rent Act. The fact whether the
 premises are covered by the provisions of the Rent
 Act, is a question of fact which ought to be
 pleaded and established at the trial. No such
 grievance was obviously made even before the
 Appellate Court as there is no reference in that
 behalf in the impugned Judgment.

¶18

 4. Indeed, the question of jurisdiction of
 the Civil Court will go to the root of the matter.
 However, in absence of pleadings of the Appellant
 in relation to such issue and that issue not having
 been putforth before the Courts below, coupled with
 the fact that no request was made to this Court for
 permission to amend the pleadings, no interference
 is warranted in exercise of second appeal. Hence,
 dismissed.

¶19

 : 3 :

¶20

 A.M.KHANWILKAR, J.

Shri Ashok Shankarrao Khaire v. Ramchandra Chimaji Pate (Decd. Thro. L. H.) Smt. Sitabai Ramchandra Pate and Ors.

Case brief

What is this about?

What did the court decide?

Shri Ashok Shankarrao Khaire v. Ramchandra Chimaji Pate (Decd. Thro. L. H.) Smt. Sitabai Ramchandra Pate and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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