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april 1963

Supreme Court of India · 1963-04-22

RAIZADA TOPANDAS & ANR. vs M/S. GORAKHRAM GOKALCHAND

Citation / case number
SC 1962/179
Court
Supreme Court of India
Petitioner
RAIZADA TOPANDAS & ANR.
Respondent
M/S. GORAKHRAM GOKALCHAND
Bench
DAS, S.K.

Judgment text excerpt

The Supreme Court held that Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, grants exclusive jurisdiction to the Court of Small Causes for suits between landlords and tenants regarding rent or possession. However, it does not extend to questions of title between rightful owners and trespassers or licensees. The Court upheld the High Court's decision that the City Civil Court had jurisdiction to hear the suit, as the relationship between the parties was not that of landlord and tenant, but rather that of a licensee and a trespasser after the agreement expired.

RAIZADA TOPANDAS & ANR. vs M/S. GORAKHRAM GOKALCHAND · Niyam