TMI Blog2019 (3) TMI 675X X X X Extracts X X X X X X X X Extracts X X X X ..... Control) Act, 1960. It is also the apprehension of the petitioner that the respondents, being a Government Agency, they may rely on the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 and also on the basis of arbitration clause will raise objections with regard to maintainability of the eviction petition filed under the above mentioned provisions of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In fact, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, is applicable only against those under unauthorised occupation of the public premises and not against lawful persons - Therefore, the Public Premises (Eviction of Unauthorised Occupants) Act, 1971, will not apply to the case on hand. Therefor ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... referred to arbitration. The learned counsel for the respondents would further rely on a judgment of this Court in M/S.HEALTH CARE PHARMACY VS. DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES [W.P.NO.14743 OF 2017 DECIDED ON 22.12.2017] for the same proposition of law. 4. Heard the submissions made on either side and perused the materials available on record. 5. It is well settled that in the cases of matters in rem , the arbitration cannot be invoked. In the instant case, the petitioner is entitled to file a petition for enhancement of rent under Section 4 of the Tamil Nadu Buildings (Lease and Rent Control) Act, 1960. In case the respondents fail to vacate and commit willful default, the petitioner is entitled to evict the responde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mbay Rent Act cannot be recognised by a Court of law. 18. Thus exclusive jurisdiction is given to the Court of Small Causes and jurisdiction is denied to other Courts (1) to entertain and try any suit or proceeding between a landlord and a tenant relating to recovery of rent or possession of any premises, (2) to try any suit or proceeding between a licensor and a licensee relating to the recovery of licence fee or charge, (3) to decide any application made under the Act and, (4) to deal with any claim or question arising out of the Act or any of its provisions. Exclusive jurisdiction to entertain and try certain suits, to decide certain applications or to deal with certain claims or questions does not necessarily mean exclusive jurisdi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ant between the parties or such other jurisdictional questions may have to be determined by the Court where it falls for determination-be it the Court of Small Causes or the ordinary Civil Court. If the jurisdictional question is decided in favour of the Court of exclusive jurisdiction the suit or proceeding before the ordinary Civil Court must cease to the extent its jurisdiction is ousted. 24. In the light of the foregoing discussion and the authority of the precedents, we hold that both by reason of S.28 of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and by reason of the broader considerations of public policy mentioned by us earlier and also in Deccan Merchants Cooperative Bank Ltd. v. M/s. Dalichand Jugraj ..... X X X X Extracts X X X X X X X X Extracts X X X X
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