In Brief
A lessor served a quit notice and counterclaimed for possession and arrears of rent against his lessee in a City Civil Court suit where the lessee sought specific performance of the lease deed. The High Court dismissed the lessor's counterclaim as not maintainable, holding that disputes between landlord and tenant concerning recovery of possession fall within the exclusive jurisdiction of the Court of Small Causes under Section 41 of the Presidency Small Cause Courts Act, 1882. The Supreme Court affirmed this, holding that the jurisdictional bar applies regardless of whether the suit involves collateral claims like specific performance, and whether the tenancy has been terminated.
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