https://www.taxtmi.com/caselaws?id=189788 Section 42A of the Presidency Small Cause Courts Act, 1882 applies only when an occupant appears at the hearing and claims tenancy protection under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, with that claim not admitted by the applicant. The provision requires appearance on the date fixed for hearing, not merely the filing of pleadings or a written defence. In the absence of such appearance, the Small Cause Court is not bound to frame or decide a preliminary issue on tenancy. The text therefore treats the statutory condition of appearance as a necessary trigger for the special procedure. en-us Tue, 12 Sep 1972 00:00:00 +0530 Fri, 20 Jan 2017 12:49:47 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=189788 Section 42A of the Presidency Small Cause Courts Act, 1882 applies only when an occupant appears at the hearing and claims tenancy protection under the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, with that claim not admitted by the applicant. The provision requires appearance on the date fixed for hearing, not merely the filing of pleadings or a written defence. In the absence of such appearance, the Small Cause Court is not bound to frame or decide a preliminary issue on tenancy. The text therefore treats the statutory condition of appearance as a necessary trigger for the special procedure. Case-Laws Indian Laws Tue, 12 Sep 1972 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=189788