Majmudar, J. - (1.) In both the civil appeals the first one arising pursuant to the certificate of fitness granted under Article 133 of the Constitution by the High Court of Bombay and the other one arising out of special leave to appeal granted by this Court under Article 136 of the Constitution of India against another decision of the same High Court, a short question arises for our consideration. It is as under:-"Whether the suit filed by the plaintiff claiming the right to possess the suit premises as a licensee, against defendant alleged licensor, who is said to be threatening to disturb the possession of the plaintiff licensee, without following due procedure of law, is cognizable by the court of small causes Bombay as per Section 41(1) of the Presidency Small Cause Courts Act (hereinafter referred to as "the Small Causes Courts Act"), 1882 or whether it is cognizable by the City Civil Court, Bombay, constituted under the Bombay City Civil Court Act."
(2.) The High Court by the impugned judgment in these appeals has taken the view that such a suit is not maintainable before the City Civil Court and should be filed in the Small Causes Court, Bombay, under Section 41(1) of the Small Causes Courts Act. The learned counsel for the appellants contended before us that the said view is not correct. Learned counsel for the respondents on the other hand has supported the same view.
(3.) Before we consider the aforesaid question, a few relevant facts leading to both these appeals deserve to be noted at the outset. FACTS IN C. A. NO. 4913 OF 1989;