Small Cause Court in Maharashtra – Types of Suits, Jurisdiction, and Powers

1. What is Small Cause Court
2. Special civil court for quick resolution of small-value disputes
   b. In Mumbai, established under the Presidency Small Cause Courts Act, 1882
   c. Has exclusive jurisdiction over rent, tenancy, pagadi, and leave and license disputes under the Maharashtra Rent Control Act, 1999
3. Jurisdiction of Small Cause Court
4. Eviction, possession, and rent recovery under the Maharashtra Rent Control Act, 1999
   b. Leave and License disputes under Section 24 of the Act
   c. Money recovery suits of small value
   d. Cannot decide ownership or partition disputes of immovable property
5. Types of Suits Filed in Mumbai Small Cause Court
6. RAD Suit (Rent Act Declaratory Suit)

• Filed under Sections 33 and 47 of the Maharashtra Rent Control Act, 1999
• Used when a tenant seeks declaration of tenancy rights, protection against eviction, or disputes landlord’s claim
• Prayer: Declaration of tenancy, injunction against illegal eviction, order restraining landlord from dispossessing tenant

1. RAE Suit (Rent Act Eviction Suit)

• Filed by landlord under Section 16 of the Maharashtra Rent Control Act, 1999
• For eviction of tenant on grounds like non-payment of rent, bona fide requirement, unlawful subletting, or change of user
• Prayer: Decree of eviction and possession, recovery of arrears of rent, mesne profits

1. RAN Application (Rent Act Notice-related Application)

• Interim applications filed under Rent Act matters, often for urgent relief
• Prayer: Injunction, stay on eviction, permission for deposit of rent, etc.

1. RA Suit (Rent Application for Arrears)

• Filed by landlord for recovery of arrears of rent without eviction
• Prayer: Recovery of rent arrears, interest, and costs

1. RAP (Rent Act Petition / Appeal)

• Appeals filed before the Appellate Bench of Small Cause Court against orders of lower benches or Competent Authority
• Prayer: Set aside or modify eviction, possession, or rent orders

1. L&E Suits (Leave and License Eviction)

• Filed under Section 24 of the Maharashtra Rent Control Act
• Filed when licensee refuses to vacate after expiry of license agreement
• Prayer: Immediate eviction order, recovery of license fees, mesne profits

4. Disputes in Pagadi System within Small Cause Court
5. Non-payment of rent by pagadi tenants – landlords file RAE suits for eviction and arrears
   b. Transfer of tenancy rights without landlord’s consent – landlord challenges under RAE suit
   c. Succession disputes among legal heirs – tenants/heirs file RAD suits for declaration of tenancy rights
   d. Redevelopment disputes – tenants file RAD suits for protection and landlords file RAE suits for eviction in redevelopment projects
   e. Compensation disputes during redevelopment – tenants may seek declarations, injunctions, or mesne profits
6. Powers of Small Cause Court
7. Exclusive jurisdiction over rent, tenancy, pagadi, and license disputes in Mumbai City and Suburbs
   b. Passes eviction, possession, and arrears decrees under Rent Control Act
   c. Enforces decrees through execution proceedings with help of bailiff and police
   d. Hears appeals in rent and license cases through Appellate Bench
   e. Grants interim injunctions, stay orders, and mesne profits
8. Role of a Lawyer in Small Cause Court Cases
9. Drafts plaints and replies in RAD, RAE, and L&E suits
   b. Represents tenants in declaration of tenancy rights or protection against illegal eviction
   c. Represents landlords in eviction and rent recovery cases
   d. Drafts applications for mesne profits, injunctions, or interim relief
   e. Files appeals before Appellate Bench in eviction and rent disputes