Appeal from Small Causes Court in Mumbai for rent control Act

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    • #1688
      Anonymous
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      If one loses a case in the Small Causes Court in Mumbai relating to Rent Control Act, then where should the appeal be filed against such order?

    • #1707

      The Court of Small Causes, Mumbai has exclusive Jurisdiction under Section 28 of the Bombay Rents, Hotel and Lodgings House Rates Control Act, 1947 irrespective of value of the subject matter and as such, hears all the suits under the said Act in Greater Mumbai.

      An Appeal or Revision from a decision of a Judge under the Bombay Rent Control Act, 1947 is heard by a Bench consisting of the two Judges of the same Small Causes Court under Section 29 of the Mumbai Rents, Hotel and Lodgings House Rates Control Act, 1947.

      This Small Causes Court has also exclusive jurisdiction in the matters under the Maharashtra Rent Control Act-1999 which came into force with effect from 31 March, 2000. Under Section 34 of the Maharashtra Rent Control Act, 1999, an appeal shall lie in 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.

           


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