2010 AIR Bom R (Supp) 684

Bombay High Court

Hon'ble Judge(s): J. H. Bhatia , J

( A ) Maharashtra Rent Control Act (18 of 2000) S. 7 (15) — Tenant — Meaning of — Tenant means any person by whom or on whose account rent is payable for any premises. (Paras7)

( B ) Maharashtra Rent Control Act (18 of 2000) S. 7 (5) — Licensee — Is a person who is in occupation of any premises under an agreement for licence given for a licence fee or charge. (Paras7)

( C ) Maharashtra Rent Control Act (18 of 2000) S. 22, 24, 47 — Presidency Small Cause Courts Act (15 of 1882), S. 41— Eviction suit — Jurisdiction of Small Cause Court — Suit premises was allotted as gratuitous/service licensee without payment of rent — Contention of tenant that provisions of S. 47 of Act (18 of 2000) ousted jurisdiction of Small Cause Court and therefore suit was not tenable — Tenant was not paying either license fee or charge or any rent, therefore was neither a licensee nor tenant — His case would not be covered either u/S. 22 or 24 of Act (18 of 2000) — Jurisdiction of Small Causes Court was not ousted — Small Causes Court has jurisdiction to entertain suit. (Paras8)