In Brief
A lessor and lessee disputed a lease of urban land in Bombay. The lessor served notice terminating the lease and filed a counterclaim seeking eviction and arrears of rent. The trial court allowed both parties' claims, but the High Court dismissed the lessor's counterclaim as not maintainable. The Supreme Court upheld this, holding that disputes between landlords and tenants over possession of property in Greater Bombay fall exclusively under Section 41 of the Presidency Small Cause Courts Act, 1882. Counterclaims for eviction in such disputes cannot be entertained by regular civil courts, only by Small Cause Courts. The appeal was dismissed."
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