Bombay act 006 of 1930 : Provincial Small Cause Courts (Bombay Amendment) Act, 1930

Preamble

Provincial Small Cause Courts (Bombay Amendment) Act, 19301

[Bombay Act No. 6 of 1930][9th May, 1930]

An Act further to amend the Provincial Small Cause Courts Act, 1887, in its application to the Presidency of Bombay.

Whereas it is expedient farther to amend the Provincial Small Cause Courts Act, 1887 (IX of 1887), in its application to the Presidency of Bombay; in manner hereinafter appearing; It is hereby enacted as follows:-

1 For Statement of Objects and Reasons, see Bombay Government Gazette 1930, Part V, pp. 35-38; and for Proceedings in Council, see Bombay legislative Council Debates, 1980, Vol. XXVIII.

Section 1. Short title

1. Short title.- This Act may be called the Provincial Small Cause Courts (Bombay Amendment) Act, 1930.

Section 2. Amendment of the Second 12 of Act IX of 1887

2. Amendment of the Second 12 of Act IX of 1887.- In sub-section (3) of Section 12 of the 1Provincial Small Cause Courts Act, 1887 (IX of 1887), hereinafter called "the said Act" for the word "twenty" the word "fifty" shall be substituted.

1 Central Acts.

Section 3. Amendment of the Second Schedule to Act IX of 1887

3. Amendment of the Second Schedule to Act IX of 1887.- In the Second Schedule to the said Act the following amendments shall be made, namely:-

(1) to clause (4) after the words "such property" the following shall be added, namely:-

"but not including a suit for ejectment where-

(a) The property has been let under a lease made by a written instrument, and

(b) The Court of Small Causes would be competent to take cognizance of a suit for the rent of the property, and

(c) The only substantial issue arising for decision is as to whether the lease has determined by efflux of the time limited thereby or has been determined by a notice in accordance with clause (h) of Section 111 of the Transfer of Property Act, 1882 (IV of 1882)";

(2) in clause (18) for the words "relating to a trust" the words "to enforce a trust" shall be substituted;

(3) to clause (20) after the words "Code of Civil Procedure" the words "in respect of any immovable property" shall be added;

(4) to clause (21) after the word, "attachment" the words "of any immovable property" and after the word "transfer" the word "of any such property" shall, respectively, be added; and

(5) in clause (31) for the words "and a suit for the profits on immovable property belonging to the Plaintiff which have been wrongfully received by the Defendant" the words "but not including a suit for mesne profits" shall be substituted.