Supreme Court · 2013 INSC 534 · Decided 13 August 2013
Prabhudas Damodar Kotecha & ORS. v. Manhabala Jeram Damodar & ANR.
- Court
- Supreme Court of India
- Citation
- 2013 INSC 534 · [2013] 9 S.C.R. 52
- Case number
- CIVIL APPEAL No. 6726/2013
- Decided
- 13 August 2013
- Bench
- K.S. RADHAKRISHNAN, DIPAK MISRA (2-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- Transfer of Property Act Section 41(1); Rent Control Act Section 5, 52
Headnote
PRESIDENCY SMALL CAUSE COURTS ACT, 1882: s. 41 (1) - Suits or proceedings between licensors and licensees - Suit for eviction of gratuitous licensee - Held: Is maintainable before the Small Causes Courl ., Expression 'licensee' used in PSCC Act is a term of wider imporl intended licensee as well and is used in general 0 sense of term as defined in s. 52 of Easements Act - It does not derive its meaning from the expression 'licensee' as used in 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
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