AIR 1946 BOMBAY 212

Bombay High Court

Hon'ble Judge(s): Divatia, Lokur , JJ

(A) Presidency Small Cause Courts Act (15 of 1882) , S.41, S.43— Notice to quit valid - Jurisdiction u/S.41 is not ousted by tenants' taking defence under Bombay Rent Restriction Act, (16 of 1939), S.11. When the landlord gives the tenant a valid notice to quit, the tenancy is determined in law at the expiration of the period and the Small Cause Court gets jurisdiction to entertain the application for summons in ejectment under S.41. Even if the tenant relies on the provisions of S.11, Bombay Rent Restriction Act, the tenancy will be deemed to be subsisting only if his defence succeeds and it is the Court which is seized of the application which has the power to decide whether the defence is good. The jurisdiction is not, therefore, ousted by taking up the defence under S.11, Rent Restriction Act : (B) Bombay Rent Restriction Act (16 of 1939) , S.11— "Own occupation" explained. The words 'his own occupation' mean occupation of himself and all persons who are dependent on him.(Para 214C2) (C) Bombay Rent Restriction Act (16 of 1939) , S.11— Choice of selection is with landlord - Court cannot compel him to continue suit against tenant whom he does not desire to evict. ....