HIRALAL VALLABHRAM vs KASTORBHAI LALBHAI & ORS.

The Supreme Court held that under Section 28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, a Judge of the Small Causes Court lacks jurisdiction to order eviction of a trespasser in a suit for eviction. The Court found that the appellate Court erred in ordering the eviction of the appellant, who was deemed a trespasser, without evicting the tenants-in-chief. The Court clarified that eviction of a sub-tenant can only occur in conjunction with the eviction of the tenant, thus reversing the High Court's decision.