Chapter VII PROVISIONS REGARDING JURISDICTION OF COURTS, SUITS, APPEALS, PRACTICE AND PROCEDURE

1. (1) Notwithstanding anything contained in any law for the time being in force, but subject to the provisions of Chapter VIII, and notwithstanding that by reason of the amount of the claim, or for any other reason, the suit or proceeding would not, but for this provision, be within its jurisdiction,-
   • (a) in Brihan Mumbai, the Court of Small Causes, Mumbai,
   • (b) in any area for which a Court of a Small Causes is established under the Provincial Small Causes Courts Act, 1887 (IX of 1887), such court, and
   • (c) elsewhere, the court of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate or, if there is no such Civil Judge, the court of the Civil Judge (Senior Division) having ordinary jurisdiction, shall have jurisdiction to entertain and try any suit of proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises and to decide any application made under this Act (other than the application which are to be decided by the State Government or an officer authorised by it or the Competent Authority) and subject to the provisions of sub-section (2), no other court shall have jurisdiction to entertain any such suit, proceeding, or application or to deal with such claim or question.
2. (2) (a) Notwithstanding anything contained in clause (b) of sub-section (1), the District Court may at any stage withdraw any such suit, proceeding or application pending in a Court of Small Causes established for any area under the Provincial Small Causes Courts Act, 1887 (IX of 1887), and transfer the same for trial or disposal to the Court of the Civil Judge (Senior Division) having ordinary jurisdiction in such area;
   • (b) where any suit, proceeding or application has been withdrawn under clause (a), the Court of the Civil Judge (Senior Division) which thereafter tries such suit, proceeding or application, as the case may be, may either retry it or proceed from the stage at which it was withdrawn;
   • (c) The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause (a) from the Court of Small Causes, shall, for purposes of such suit, proceeding or application, as the case may be, be deemed to be the Court of Small Causes.

1. (1) Notwithstanding anything contained in any law for the time being in force, an appeal shall lie-
   • (a) in Brihan Mumbai from a decree or order made by the Court of Small Causes, Mumbai exercising jurisdiction under section 33, to a bench of two judges of the said Court which shall not include the Judge who made such decree or order;
   • (b) elsewhere, from a decree or order made by a Judge of the Court of Small Causes established under the Provincial Small Causes Courts Act, 1887 (IX of 1887), or by the Court of the Civil Judge deemed to be the Court of Small Causes under clause (c) of sub-section (2) of section 33 or by a Civil Judge exercising such jurisdiction, to the District Court: Provided that no such appeal shall lie from,-
   • (a) a decree or order made in any suit or proceeding in respect of which no appeal lies under the Code of Civil Procedure, 1908 (V of 1908);
   • (b) a decree or order made in any suit or proceeding (other than a suit or proceeding relating to possession) in which the plaintiff seeks to recover rent in respect of any premises and amount or value of the subject matter of which does not exceed-
     • (i) where such suit or proceeding is instituted in Brihan Mumbai, Rs. 10,000; and
     • (ii) where such suit or proceeding is instituted elsewhere, the amount upto which the Judge or Court specified in clause (b) is invested with jurisdiction of a Court of Small Causes, under any law for the time being in force;
   • (c) an order made upon on an application for fixing the standard rent or for determining the permitted increases in respect of any premises except in a suit or proceeding in which an appeal lies;
   • (d) an order made upon an application by a tenant for a direction to restore any essential supply or service in respect of the premises let to him. (2) Every appeal under sub-section (1) shall be made within thirty days from the date of the decree or order, as the case may be: Provided that, in computing the period of limitation prescribed by this sub-section the provisions contained in sections 4, 5 and 12 of the Limitation Act, 1963 (XXVI of 1963) shall, so far as may be, apply.
2. (3) No further appeal shall lie against any decision in appeal under sub-section (1).
3. (4) Where no appeal lies under this section from a decree or order in any suit or proceeding in Brihan Mumbai, the bench of two Judges specified in clause (a) of sub-section (1) and elsewhere, the District Court may, for the purpose of satisfying itself that the decree or order made was according to law, call for the case in which such decree or order was made and the bench or court aforesaid or the District Judge or any Judge to whom the case may be referred by the District Judge, shall pass such order with respect thereto as it or he thinks fit.

Nothing contained in sections 33 and 34 shall be deemed to bar a party to a suit, proceeding or appeal mentioned therein in which a question of title to premises arises and is determined from using in a competent court to establish, his title to such premises.

If the court finds that any suit, proceeding or application instituted or made before it is not instituted, or made, bona fide or is false, frivolous or vexatious, the court may, after hearing the plaintiff or applicant and for reasons to be recorded, order that compensation, not exceeding two thousand rupees, be paid by such plaintiff or applicant to the defendant or opponent, as the case may be.

The Courts specified in sections 33 and 34 shall follow the prescribed procedure in trying and hearing suits, proceedings, applications and appeals and in executing orders made by them.

Notwithstanding anything contained in this Act or in any other law for the time being in force-

1. (a) a suit or proceeding under this Act shall be heard and disposed of as expeditiously as possible and endeavour shall be made to dispose of the case, as far as may be practicable, within a period of twelve months from the date of service of summons, or as the case may be, notice on the defendant;
2. (b) an appeal against the decree or order made by the Court, shall be heard and disposed of as expeditiously as possible and endeavour shall be made to dispose of the appeal, as far as may be practicable, within a period of six months from the date of service of notice of appeal on the Respondent.