In Brief
A property dispute arose between a lessor and lessee concerning a lease deed dated 1958. The lessee (plaintiff) sought specific performance of the lease, while the lessor filed a counter-claim seeking eviction and arrears of rent. The trial court decreed both claims. The High Court set aside the counter-claim as not maintainable, holding that suits between landlord and tenant for recovery of possession must be pursued in the Court of Small Causes under Section 41 of the Presidency Small Cause Courts Act, 1882. The Supreme Court affirmed this decision, holding that such counter-claims cannot be entertained in higher civil courts and the distinction between licensor-licensee and landlord-tenant disputes is immaterial for jurisdiction purposes.
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