NDLI: Mahadev P Kambekar (d) Tr. Lrs. Vs. Shree Krishna Woolen Mills Pvt. Ltd.

Content Provider	Supreme Court of India
e-ISSN	30484839
Language	English
Access Restriction	NDLI
Subject Keyword	1882 Presidency Small Cause Courts Act s. 41 Counter claim
Content Type	Text
Resource Type	Law Judgement
Jurisdiction	India
Act(s) Referred	Presidency Small Cause Courts Act, 1882 (15 of 1882)
Case(s) Referred	Referred Case 0 Referred Case 1
Case Type	Appeal
Court	Supreme Court of India
Disposal Nature	Appeal Dismissed
Headnote	Presidency Small Cause Courts Act, 1882 – s. 41 – Counter claim – Maintainability – On facts, dispute between the parties relating to land in Bombay suburban district – Suit by plaintiff- lessee(respondent) against defendant-lessor/owner(appellants) on the original side of Bombay High Court claiming specific performance of contract-lease deed in relation to suit land – Defendant filing counter claim against the plaintiff seeking their eviction from suit land and arrears of rent – Single Judge allowed the counter claim and passed decree for possession of the suit land – Division Bench of the High Court held that the Single Judge wrongly entertained the counter claim as it had no jurisdiction on its original jurisdiction to entertain counter claim of this nature in light of s. 41 – Correctness of – Held: Division Bench of High Court rightly held that the counter-claim filed by the defendant was not maintainable – Whether it is a suit between the licensor and the licensee or between the landlord and the tenant, such types of suits fall u/s. 41 and are, thus, cognizable by the Courts of Small Causes, Bombay – Once the tenancy is determined such suits would come within the purview of s. 41 – Parties to raise the factual issues before the competent court which would come to the conclusion on merits.
Judge	Hon'ble Mr. Justice Abhay Manohar Sapre
Neutral Citation	2019 INSC 116
Petitioner	Mahadev P Kambekar (d) Tr. Lrs.
Respondent	Shree Krishna Woolen Mills Pvt. Ltd.
SCR	[2019] 1 S.C.R. 827
Judgement Date	2019-01-31
Case Number	5753

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Mahadev P Kambekar (d) Tr. Lrs. Vs. Shree Krishna Woolen Mills Pvt. Ltd.

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