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march 1958

Supreme Court of India · 1958-03-31

BABULAL BHURAMAL AND ANOTHER vs NANDRAM SHIVRAM AND OTHERS

Citation / case number
SC 1957/60131
Court
Supreme Court of India
Petitioner
BABULAL BHURAMAL AND ANOTHER
Respondent
NANDRAM SHIVRAM AND OTHERS
Bench
IMAM, SYED JAFFER

Judgment text excerpt

The Supreme Court held that the Bombay City Civil Court lacked jurisdiction to entertain a suit regarding tenant status under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, specifically citing Section 28, which restricts jurisdiction to specified courts for landlord-tenant disputes arising from the Act. The Court affirmed the Bombay High Court's decision that the City Civil Court could not hear the case as the claim arose under the Act, and thus must be adjudicated by a court specified in Section 28. The Court clarified that while Section 29A allows civil courts to consider questions of title, it does not apply to titles arising under the Act.

BABULAL BHURAMAL AND ANOTHER vs NANDRAM SHIVRAM AND OTHERS · Niyam