AIR 1951 BOMBAY 390 ::53 Bom L R 386

Bombay High Court

Hon'ble Judge(s): Chagla , C.J. AND Bhagwati , J

Bombay Rents, Hotel and Lodging House Rates (Control) Act (57 of 1947) , S.28— Houses and Rents - Question whether deft. is tenant or licensee. Civil P.C. (5 of 1908) , S.9— The question as to whether the deft. is a tenant or licensee is a question which is collateral and which has got to be decided before it could be said that the Act has any application at all. It is a jurisdictional question which has got to be determined in order to decide whether the particular Ct. in which the suit has been filed has or has not jurisdiction to try the suit. S. 28 does not deal with jurisdictional questions which have got to be decided in limine before matters arising under the Act can be considered by the Ct.(Para 4) When a pltf. files a suit against a deft. alleging that he is his licensee, it is a suit which cannot be entertained and tried by the Small Causes Court because it is not a suit between a landlord and a tenant and judging by the plaint no question arises out of the Rent Control Act or any of its provisions which would have to be determined on the plaint as it stands. Equally so, in a suit so framed the only Ct. that would have jurisdiction would be the H. C. because the jurisdiction of the High Court to deal with suits against licensees has not been taken away by any provision of the Rent Control Act. It cannot....