33. (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 Small Causes is established
under the Provincial Small Causes Courts Act, 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 or 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 applications 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 subsection (2), no other court shall have jurisdiction to entertain any such
suit, proceeding, or application or to deal with such claim or question.
(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, and transfer the same
for trial or disposal to the Court of the Civil Judge (Senior Division)
having ordinary jurisdiction in such area;
Giving receipt
for any
amount
received
compulsory.
Recovery of
rent according
to British
Calender.
Jurisdiction
of courts.
IX of
1887.
IX of
1887.
2000 : Mah. XVIII] The Maharashtra Rent Control Act, 1999 25
(b) where any suit, proceeding or application has been withdrawn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may either retry it or proceed from the stage at which it was withdrawn;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application, withdrawn under clause (a) from the Court of Small Causes,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.
34. (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, 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;
(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 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 shall, so far as may be, apply.
(3) No further appeal shall lie against any decision in appeal under
sub-section (1).
(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.
Appeal.
IX of
1887.
V of
1908.
XXVI of
1963.
26 The Maharashtra Rent Control Act, 1999 [2000 : Mah. XVIII
35. 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 suing in a
competent court to establish, his title to such premises.
36. If the court finds that any suit, proceeding or application instituted
or made before it is not instituted, or made, bonafide 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.
37. 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.
38. Notwithstanding anything contained in this Act or in any other
law for the time being in force—
(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;
(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.