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Tenant Seeking Restoration of Possession From Landlord Must Approach Small Causes Court: Bombay High Court

18 Jun 2026 2 min read
Tenant Seeking Restoration of Possession From Landlord Must Approach Small Causes Court: Bombay High Court

The Bombay High Court has delivered an important judgment interpreting Section 28 of the Bombay Rent Act, 1947, holding that a tenant can file a suit for re-possession of premises against a landlord before the Small Causes Court when the tenancy relationship continues to exist. The Court emphasized that disputes relating to restoration of possession between landlord and tenant fall within the exclusive jurisdiction of the Small Causes Court. Dispute…

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