Section 28 in The Gujarat Rents, Hotel and Lodging House Rates Control Act, 1947
28. Jurisdiction of Courts.
- [(1)] [Section 28 except the Explanation to the said section was renumbered as sub-section (1) of that section by Bombay 15 of 1952, section 2(1).] Notwithstanding anything contained in any law and notwithstanding that by reason of the amount of the claim or for any other reason, the suit or proceeding would not, but for this provision, be within its jurisdiction,-[*****] [Clause (a) was omitted by the Gujarat Adaptation of Laws (State and Concurrent Subjects) Order, 1960.][(a) in the City of Ahmedabad, the Court of Small Causes of Ahmedabad.] [Clause (a) was inserted by Gujarat 19 of 1961, Schedule, item 1.](aa)[ in any area for which a Court of Small Causes is established under the Provincial Small Cause Courts Act, 1887, (IX of 1887) such Court, and] [This clause was inserted by Bombay 58 of 1949, section 4 (2).](b)elsewhere, the Court, of the Civil Judge (Junior Division) having jurisdiction in the area in which the premises are situate or, if there is no such Civil Judge, the Court of the Civil Judge (Senior Division) having ordinary jurisdiction, shall have jurisdiction to entertain and try any suit or proceeding between a landlord and a tenant relating to the recovery of rent or possession of any premises to which any of the provisions of this part apply and to decide any application made under this Act and to deal with any claim or question arising out of this Act or any of its provisions and [subject to the provisions of sub-section (2)] [This portion was inserted by Bombay 15 of 1952, section 2(2).], no other Court shall have jurisdiction to entertain any such suit, proceeding or application or to deal with such claim or question.(2)[ (a) Notwithstanding anything contained in clause (aa) of sub-section (1) District Court may at any stage withdraw any such suit, proceeding or application pending in a Court of Small Causes established for any area under the Provincial Small Cause Courts Act, 1887 (IX of 1887) and transfer the same for trial or disposal to the Court of the Civil Judge (Senior Division) having ordinary jurisdiction in such area.] [Sub-section (2) was inserted by Bombay 15 of 1952, section 2(3).](b)When any suit, proceeding or application has been withdrawn under clause (a), the Court of the Civil Judge (Senior Division) which thereafter tries such suit, proceeding or application, as the case may be, may either retry it or proceed from the stage at which it was withdrawn.(c)The Court of the Civil Judge trying any suit, proceeding or application withdrawn under clause (a) from the Court of Small Causes, shall, for purposes of such suit, proceeding or application, as the case may be, deemed to be the Court of Small Causes.]Explanation.-In this section "proceeding" does not include an execution proceeding arising out of a decree passed before the coming into operation of this Act.
