PRABHUDAS DAMODAR KOTECHA vs MANHARBALA JERAM DMODAR

The Supreme Court addressed the maintainability of a suit filed by a licensor against a gratuitous licensee under Section 41(1) of the Presidency Small Causes Courts Act, 1882. The Court upheld the Full Bench decision of the Bombay High Court, which overruled the earlier judgment in Ramesh Dwarikadas Mehra v. Indirawati Dwarika Das Mehra, establishing that such suits are maintainable in the Small Causes Court. The Court concluded that the definition of 'licensee' in Section 41(1) includes gratuitous licensees, thus affirming the jurisdiction of the Small Causes Court in these matters.