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Prem Lata vs Raghubir Rai & Ors. on 3 December, 2013

In Bharat Petroleum Corporation v. Thakorbhai Ranchodji Desai, an order had been passed by the Small Causes Court at Mumbai requiring deposit of rent. If the order was under Order XV A CPC, it was not an appealable order. If it was under Order XXXIX Rule 10 CPC, it would still not be appealable. Therefore, there was no occasion for the High Court in the said case to interpret the expressions 'rent' or 'mesne profits' and 'such an amount' occurring in Order XV A CPC.

Punjab National Bank, Thr. Its Manager, ... vs Lalit S/O Ratanlalji Nimodia on 13 October, 2022

In Bharat Petroleum Corporation (Supra), 3 29.WP.1591-2022.odt this Court has held that what can be ordered to be paid under the aforesaid provisions of law are specifically described there under and those powers do not include power to order payment of damages during the pendency of a suit between the landlord and tenant on the claim that the tenancy is terminated and therefore, the landlord is entitled for eviction of the tenant. The impugned order therefore is totally without any jurisdiction and is hereby quashed and set aside and the application at Exh. 18 is dismissed.
Bombay High Court Cites 2 - Cited by 0 - A G Gharote - Full Document
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