“41. Suits or Proceedings between licensors and licenses or landlords and fenants for recovery of
possession of immovable property and licence fees or rent, except to those to which other Acts apply
to lie in Small Cause Court.—(1) Notwithstanding anything contained elsewhere in this Act or in any
other law for the time being in force, but subject to the provisions of sub-section (2), the Court of Small
Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and
licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property
situated in Greater Bombay, or relating to the recovery of the licence fee or charges or rent therefore,
irrespective of the value of the subject matter of such suits or proceedings.
(2) Nothing contained in sub-section (1) shall apply to suits or proceedings for the recovery of
possession of any immovable property, or of licence fee or charges or rent thereof, to which the
provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 (Bom. LVII of
1947), the Bombay Government Premises (Eviction) act, 1955 (Bom. II of 1956), the Bombay Muncipal
Corporation Act, the Bombay Housing Board Act, 1948 (Bom LXIX of 1948), or any other law for the
time being in force, applies.
42. Appeal.—(1) An appeal shall lie from a decree or order made by the Small Cause Court
exercising jurisdiction under section 41, to a bench of two Judges of the said Court, which shall not
include the Judge who made such decree or order:
Provided that, no such appeal shall lie from a decree or order made in any suit or proceeding in
respect of which no appeal lies under the Code of Civil Procedure, 1908 (V of 1908).
(2) Every appeal under sub-section (1) shall be made within thirty days from the date of the deree or
order, as the case may be.
Provided that, in computing the period, of limitation prescribed by this sub-section, the provisions
contained in section 4, 5 and 12 of the Limitation act, 1963 (XXX of VI of 1963),shall, so far as may be
apply.
(4) Where no appeal lies under sub-section from a decree or order in any suit or proceeding, the
bench of two Judges specified in sub-section (1) may, for the purpose of satisfying itself that the decree or
order was according to law, call for the case in which such decree or order was made and pass such order
with respect thereto as it thinks fit.
43. Procedure.—In all suit, appeals and proceedings under this Chapter, the Small Cause Court shall
as far as possible and except as herein otherwise provided, follow the procedure prescribed by the Code
of Civil Procedure, 1908 (V of 1908).
44. Court fees.—The court fees leviable in suits, appeals and proceedings under this Chapter shall be
the same as are chargeable under Chapter III of the Bombay Court-fees Act, 1959 (Bom. XXXVI of
1959), and the provisions of that Act shall apply to the recovery of such court-fees.
45. Savings of suits involving title.—Nothing contained in this Chapter shall be deemed to bar a
party to a suit, appeal or proceeding mentioned therein in which a question of title to any immovable
property arises and is determined, from suing in a competent court to establish his title to such property.
46. Saving of pending proceedings.—(1) All suits and other proceedings cognizable by the Small
Cause Court under this Chapter and pending in the high Court or the Bombay City Civil Court, on the
date of coming into force of the Presidency Small Cause courts (Maharashtra Amendment) act, 1975
(Mah. XIX of 1976), shall be continued and disposed of by the High Court or the City Civil Court, as the
case may be, as if this Act had not been passed.
(2) All applications and other proceedings filed in the Small Cause Court under this Chapter and
pending in that Court, on the date aforesaid, shall be continued and disposed of by the Small Cause Court,
as if this Act had not been passed.”
[Vide Maharashtra act XIX of 1976, s. 4]