VidhiSangh

Supreme Court of India · 31/01/2019

MAHADEV P KAMBEKAR (D) TR. LRS. versus SHREE KRISHNA WOOLEN MILLS PVT. LTD.

[2019] 1 S.C.R. 827 · 2019 INSC 116

AI-generated headnote. Verify against the judgment before relying on it. Paragraph numbers refer to the judgment.

Summary

A landlord’s counterclaim for eviction and arrears of rent concerning Greater Bombay premises fell within the exclusive jurisdiction of the Small Causes Court under Section 41. It was not maintainable on the Bombay High Court’s original side merely because the tenant had sued there for specific performance of a purchase option. Termination of the tenancy did not remove the jurisdictional bar. Factual questions about the leased area and ownership were left open.

Issues

  1. Whether the High Court on its original side could entertain the lessor’s counterclaim for possession and rent, including after determination of the tenancy.

Provisions considered

Held

Result

Appeals dismissed; dismissal of the counterclaim as not maintainable on the High Court’s original side upheld. Parties’ factual contentions left for the competent court.

Judgment PDF: Supreme Court of India, [2019] 1 S.C.R. 827.