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PETITIONER: BABULAL BHURAMAL AND ANOTHER
Vs.
RESPONDENT: NANDRAM SHIVRAM AND OTHERS
DATE OF JUDGMENT: 31/03/1958
BENCH: IMAM, SYED JAFFER BENCH: IMAM, SYED JAFFER SINHA, BHUVNESHWAR P. SUBBARAO, K.
CITATION: 1958 AIR 677 1959 SCR 367
ACT: Bombay City Civil Court, Jurisdiction of-Suit to establish status as tenants and sub-tenants for Protection from eviction Whether can be entertained Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII Of 1947), SS. 28 and 29A.
HEADNOTE: A who was a tenant of N sub-let the premises to B and C. N filed a suit for ejectment against A, B and C in the Court of Small Causes, Bombay, on the ground of illegal sub- letting. The suit was decreed. Thereafter, A, B and C filed the present suit in the Bombay City Civil Court for a declaration that A was a tenant of N and was protected from eviction by the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, and that B and C were lawful sub-tenants of A and were as such entitled to possession, use and occupation of the premises. The City Civil Court held that it had jurisdiction to entertain the suit but dismissed it on the ground that there was no lawful subletting. On appeal, the Bombay High Court held that the City Civil Court had no jurisdiction to entertain the suit and dismissed th...