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    <title>1979 (2) TMI 204 - BOMBAY HIGH COURT</title>
    <link>https://www.taxtmi.com/caselaws?id=199422</link>
    <description>Jurisdiction over suits between licensors and licensees in Greater Bombay for recovery of possession of immovable property lies with the Presidency Small Cause Court under the substituted Section 41, and the High Court&#039;s Original Side is excluded. The court held that jurisdiction depends on the real substance of the plaint, not its form; a suit framed as one for declaration, injunction or damages will still fall within the statutory forum if its true object is recovery of possession after termination of the licence. Claims for mesne profits or compensation were treated as incidental to that relief. The plaint was therefore directed to be returned to the proper court.</description>
    <language>en-us</language>
    <pubDate>Thu, 08 Feb 1979 00:00:00 +0530</pubDate>
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      <title>1979 (2) TMI 204 - BOMBAY HIGH COURT</title>
      <link>https://www.taxtmi.com/caselaws?id=199422</link>
      <description>Jurisdiction over suits between licensors and licensees in Greater Bombay for recovery of possession of immovable property lies with the Presidency Small Cause Court under the substituted Section 41, and the High Court&#039;s Original Side is excluded. The court held that jurisdiction depends on the real substance of the plaint, not its form; a suit framed as one for declaration, injunction or damages will still fall within the statutory forum if its true object is recovery of possession after termination of the licence. Claims for mesne profits or compensation were treated as incidental to that relief. The plaint was therefore directed to be returned to the proper court.</description>
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      <pubDate>Thu, 08 Feb 1979 00:00:00 +0530</pubDate>
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