AIR 2006 BOMBAY 153 ::2006 (2) AIR Bom R 41 ::2006 A I H C 1639 ::2006 BomCRSup 605 ::2006 (4) Civ LJ 621 ::2006 (2) Mah LJ 612 ::(2006) 3 AllMR 700 (BOM)

Bombay High Court

Hon'ble Judge(s): B. P. Dharmadhikari , J

(A) Provincial Small Cause Courts Act (9 of 1887) , S.26— (as amended by amending Act 24 of 1984) - Suit for recovery of possession - Relief of injunction - Power to grant - Exclusive forum and procedure is prescribed under Act for ventilation of all grievances between landlord and tenants or licensors and licencees- Small Cause Court is empowered to grant injunction. Civil P.C. (5 of 1908) , S.7— The provisions of Act leave no manner of doubt that an exclusive forum and procedure has been prescribed for ventilation of all grievances between landlord and tenants or licensors and licensees, as the case may be. The S. 26(1) opens with non obstante clause which needs to be given full effect. Clause 17 in Schedule II of the Act would be superfluous if S. 7 of Civil Procedure Code alone is held to bar jurisdiction of Small Cause Court to grant injunction in landlord/tenant and licensee/licensor matters.(Para 9) (B) Provincial Small Cause Courts Act (9 of 1887) , S.26— (as amended by amending Act 24 of 1984) - Presidency Small Cause Courts Act (15 of 1882) , S.41— (as amended from 1-1-1985) - Provisions of S. 26 and S. 41 - Are pari-materia. Comparison of both these sections reveal that they are identically worded. Cla....