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32. Dr.Chandrachud, learned Counsel for the respondents, on the other hand, would submit that the adjudication of dispute between the landlord and tenant has to be adjudicated upon under one umbrella policy described under the provisions of Section 41 of Presidency Small Causes Court Act,1882 read with the provisions of Maharashtra Rent Control Act,1999 in respect of all the disputes between landlord and tenant. The said provisions of Presidency Small Causes Court Act,1882 and Maharashtra Rent Control Act, 1999 are social welfare legislation for the benefit of tenants.

36. It is submitted that Section 41 of Presidency Small Causes Court Act, 1882 read with the Bombay Rent Act, 1947 and Maharashtra Rent Control Act, 1999 are salutary provisions made to protect the interest of the tenants and on this ground itself, the dispute between the appellant and the respondents can be tried only by the Small Causes Court at Mumbai.

Trupti /Bipin/Vai/kvm comapl-666-2021.doc

93. In this back drop of the facts, we shall now consider whether the dispute which was the subject matter of the notice invoking arbitration agreement and the petition filed by the appellant under section 9 of the Arbitration Act can be tried exclusively only by the Small Cause Courts under section 41 of the Presidency, Small Cause Courts Act or under the provisions of the Maharashtra Rent Control Act, 1999 or the same can be tried in the arbitral proceedings. Learned counsel appearing for both the parties have cited several judgments for consideration of this Court in support of their rival contention. The parties have also Trupti /Bipin/Vai/kvm comapl-666-2021.doc relied upon the provisions of the Presidency, Small Cause Courts Act and also the Maharashtra Rent Control Act, 1999 in support of their rival contention.

125. A perusal of Section 33 of the Maharashtra Rent Control Act, 1999 clearly indicates that the said provision does not refer to "charges" whereas Section 41 of the Presidency Small Causes Court Act, 1882 refers to "charges". The forum for recovery of charges under Section 33 of Maharashtra Rent Control Act, 1999 and under Section 41 of Presidency Small Causes Court Act,1882 however are the same.

126. Under Section 16 of the Maharashtra Rent Control Act, 1999 and, more particularly, under Section 16 (i) and (k), it is provided as to when the landlord may recover possession. The said provision clearly indicates that the landlord may recover possession if the premises are reasonably and bona fide required by the landlord for the immediate purpose of demolishing them and such demolition is to be made for the purpose of erecting new building on the premises sought to be demolished. The possession Trupti /Bipin/Vai/kvm comapl-666-2021.doc may be also recovered by the landlord if the premises are required for the immediate purpose of demolition ordered by any municipal authority or other competent authority. The said provision under Section 16 is subject to Section 25 of the Maharashtra Rent Control Act,1999. It is not the case of respondents that the Municipal Corporation or other competent authority had issued any notice for demolition of the said building and pursuant to such notice, the old building and the tenements occupied by the appellant and other tenants were demolished.