Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Presidency Small Cause Courts Act Contemprenea Exposition |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | PRESIDENCY SMALL CAUSE COURTS ACT, 1882:s. 41 (1) - Suits or proceedings between licensors andlicensees - Suit for eviction of gratuitous licensee - Held: Ismaintainable before the Small Causes Courl ., Expression'licensee' used in PSCC Act is a term of wider imporl intendedto bring in a gratuitous licensee as well and is used in generalsense of term as defined in s. 52 of Easements Act - It doesnot derive its meaning from the expression 'licensee' as usedin sub-s. (4A) of s. 5 of Rent Act Bombay Rents, Hotel and .Lodging House Rates (Control) Act, 1947 - ss. 5(4-A) and 15-A - Interpretation of statutes - Contemporenea exposition -Easements Act, 1882 - s.52 - Transfer of Property Act, 1882.s.41(1) -Suits or proceedings between licensors andlicensees and landlord and tenant- Jurisdiction - Held: s.41(1)confers jurisdiction on Small Causes Court to entertain andtry all suits and proceedings between a "licensor" and a"licensee" relating to recovery of possession of anyimmovable property or relating to recovery of licence fee --High Courl has correctly noticed that the clubbing of theexpression "licensor and licensee" with "landlord and tenant"in s. 41(1) and clubbing of causes relating to recovery oflicence fee is only with a view to bring all suits between"landlord and tenant" and "licensor and licensee" whetherunder Rent Act or under PSCC Act under one umberalla toavoid unnecessary delay, expenses and hardship. |
Judge | Hon'ble Mr. Justice K.S. Panicker Radhakrishnan |
Neutral Citation | 2013 INSC 534 |
Petitioner | Prabhudas Damodar Kotecha & Ors. |
Respondent | Manhabala Jeram Damodar & Anr. |
SCR | [2013] 9 S.C.R. 52 |
Judgement Date | 2013-08-13 |
Case Number | 6726-6727 |
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