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6. The Bombay Rent Act (Act LVII of 1947) which granted certain rights to tenants came into force on 19th August, 1948. The tenants were granted statutory right against eviction as long as they performed the conditions of tenancy. An important amendment was introduced in P.S.C.C. ACT by the P.S.C.C. (Amendment) Act, 1963 (Mah. Act No. XLI of 1963). Despite the amendments, section 41 remained as it was originally enacted in 1882. After section 42 which provided the mode of service of summons, a new section 42-A (Section 42-A (1) if in any application pending in the Small Cause Court immediately before the date of the commencement of the Presidency Small Cause Courts (Maharashtra Amendment) Act, 1963, or made to it on or after such date, the occupant appears at the time appointed and claims that he is a tenant of the applicant within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947 and in consequence whereof he is entitled to the protection of that Act, and if such claim is not admitted by the applicant, then notwithstanding anything contained in that Act, the question shall be decided by the Small Cause Court as a preliminary issue.

(2) An appeal against the decision on this issue shall lie to a bench of two Judges of the Small Cause Court.

(3) Every appeal under sub-section (2) shall be made within thirty days from the date of the decision appealed against;

Provided that, in computing the period of the limitation prescribed by this sub section the provisions contained in sections 4, 5 and 12 of the Indian Act, 1908, shall, so far as may be apply.

(4) No further appeal shall lie against any decision in appeal under sub-section (2)) was introduced. It was realised that even after the applicant secured an order of eviction of the occupants, the occupants resorted to separate suits under the newly acquired protection of the Bombay Rent Act. It was felt necessary to grant finality to certain decisions of the Court made under P.S.C.C. Act so as prevent separate litigation. Section 42-A(1) provides for adjudication of claims where in the application under section 41, the occupant raises a claim that he is "a tenant of the applicant" within the meaning of the Bombay Rent Act. The P.S.C.C. Act by section 42-A created additional jurisdiction in the Small Causes Court to decide the claim of tenancy as a preliminary issue in the application under section 41. Sub-section (2) of section 42-A provides for an appeal against the decision on such preliminary issue to a bench of to Judges of the Court of Small Causes and lays down that there shall be no further appeal.

12. In section 42-A, even in 1963, the legislature continued to use the words "tenant of the applicant" which were employed when section 41 was enacted in 1882. It should be presumed that the legislature was aware of the meaning of the words "tenant of the applicant" when it made the P.S.C.C. (Amendment) Act 1963. It was aware of the status and relationship of statutory tenancy and tenancy by operation of law. It was aware, too, of the true meaning of "tenant of the applicant". The word "tenant" is used in its generic sense to comprehend within its compass all species of tenancy. The language of section 49 clearly stipulates that suits to establish title "as the applicant's tenant within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947" shall not be instituted. If the legislature intended that the "tenant of the applicant" did not include the statutorily protected possession or tenancy by operation of law as under section 5(11)(c), section 49 would have said so. This construction is if consistent with section 42-A which enables the occupant to raise a claim that he is a tenant of the applicant within the meaning of the Bombay Rent Act. The legislative intent clearly was that no claim of tenancy shall be regitated in a suit. The unequivocal, absolute words of section 49 which encompass all kinds of tenancies, clearly manifest the legislative intent to include all tenants within the phrase. This is clear from the fact that suits to establish "title as applicant's tenant within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act" are barred. The Bombay Rent Act created the relationship known as statutory tenancy and the tenancy under section 5(11)(c). The introduction of the words "within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act" was a predetermined deliberate resolve of the legislature to apply the bar against institution of suits to all the tenants including those claiming to be tenants under the Bombay Rent Act.

18. I sum up my conclusions as under :

Section 41 of the P.S.C.C. Act applies to the relationship of tenant and licensee "of the applicant". But since all tenants are "of" the landlords and all licensees are "of" the licensors, the use of the word "of" by itself does not mean that section 41 applies only to contractual relationships. The statutory tenancy, which is but statutory irremovability of the tenant or tenancy by operation of law as under section 5(11)(c), is included in the meaning of the word "tenant" used in section 41 of the P.S.C.C. Act. This is clear from the fact that section 42-A enables the occupant to raise the claim of tenancy not only contractual but all claims of tenancy arising out of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947. Such claim is required to be raised in the application under section 41 which employs the words "tenant of the applicant". Therefore, it cannot be said that the legislature intended that section 41 excludes tenancy by operation of law as under section 5(11)(c) of the Bombay Rents, Hotel and Lodging House Rates Control Act or the statutory tenancy which is a creature of this Act. Secondly, section 42-A, as also section 49 of the P.S.C.C. Act expressly use the word "tenant" to include tenancy within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act. There is thus no doubt that the "tenant of the applicant" means tenant of the applicant either by contract or tenant within the meaning of the Bombay Rents, Hotel and Lodging House Rates Control Act.