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Subhash Joshi and anr. Vs. Mohd. Sultan S/O Abdul Gani and anr.

Court : Mumbai

Subject : TenancyCivil

Acts : Provincial Small Causes Court Act, 1887 - Sections 15, 16, 17, 25, 25A, 26, 26A, 26(1), 26A(1), 26(4), 27, 28, 29, 30, 31, 32 and 41; Code of Civil Procedure (CPC) - Sections 7, 15, 96, 96(4), 115 and 295 - Order 7, Rule 10; Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 - Sections 28; Bombay Government Premises (Eviction) Act, 1955; Bombay Provincial Municipal Corporations Act, 1949; Maharashtra Housing and Area Development Act, 1976; Limitation Act, 1963 - Sections 4, 5 and 12; Presidency Small Causes Courts (Maharashtra Amendment) Act, 1984; Presidency Small Cause Courts Act, 1882 - Sections 19, 41 and 41(1); Bombay Housing Board Act, 1948; Constitution of India - Articles 133(1) and 136

Reported in : AIR2006Bom153; 2006(2)MhLj612

B.P. Dharmadhikari, J.1. The only question to be decided is whether Small Causes Court is competent to grant relief of injunction in dispute between landlord and tenant while exercising jurisdiction under Section 26 of Provincial Small...