Judgment: 1. In Regular Civil Suit No. 40/2000, the Small Causes Court at Nagpur, has passed a decree on 29th November, 2005, for recovery of arrears of rent of Rs.1,28,012/ along with the interest at the rate of 6% per annum from the date of filing of the suit till its realization. Regular Civil Appeal No. 98/2006 has been dismissed by the learned Adhoc District Judge, Nagpur, on 30th September, 2006. Hence, the original defendant is before this Court challenging the findings recorded by both the Courts below. 2. In the plaint, the plaintiff has given the particulars of claim in para 6 as under: i] Arrears of rent w.e.f. 1st January, 1997 to 31st December 1999 @ Rs.1500/p. m. Rs.54,000/- ii] Arrears of rent Rs.500 + 300 respectively collected by the Defendant from the tenants from January 1997 to December 1999 @ Rs.500 + 300 amounting to Rs.800/- Rs.28,000/- iii] Interest @ Rs.18% per annum on the gross amount of Rs.82,800/- for 3 years interest Rs.44,712/- iv] Notice Charges Rs. 500/- Total Rs.1,28,012/- It is a suit preferred under the provisions of the Provincial Small Cause Courts Act for recovery of rent in terms of Section 26 of the said Act, which reads as under; “26. Suits or proceedings between licensors and licensees or landlords and tenants for recovery of possession of immovable property and license fees or rent, except those to which other Acts apply, to lie in Court of Small Causes. - (1) Notwithstanding anything contained elsewhere in this Act, but subject to the provision of subsection (2), the Court of Small Causes shall have jurisdiction to entertain and try all suits and proceedings between a licensor and licensee, or a landlord and tenant, relating to the recovery of possession of any immovable property situated in the area within the local limits of the jurisdiction of the Court of Small Causes, or relating to the recovery of the license fee or charges or rent therefor, irrespective of the value of the subject matter of such suits or proceedings. (2) Nothing contained in subsection (1) shall apply to suits or proceedings for the recovery of possession of any immovable property or of license fee or charges or rent therefor, to which the provisions of the Bombay Rents, Hotel and Lodging House Rates Control Act, 1947, the Bombay Government Premises (Eviction) Act, 1955, the Bombay Provincial Municipal Corporations Act, 1919, or the Maharashtra Housing and Area Development Act, 1976, or any law for the time being in force, apply. 3. In order to exercise jurisdiction under subsection (1) of Section 26, reproduced above, the Small Causes Court has to record the finding that there exists the relationship of licensor and licensee or the landlord and tenant along with the monthly rent payable. The plaintiff has claimed arrears of rent with effect from 1st January, 1997 to 31st December, 1999, at the rate of Rs.1500/- per month. The suit is filed by the plaintiff through her grand son, who is the son of the defendant. It is thus a suit instituted by the mother against the daughter for recovery of arrears of rent. In absence of any finding being recorded by both the courts below about existence of relationship as landlord and tenant, no decree for an amount of Rs.54,000/-towards arrears of rent could have been passed. The decision of the courts below cannot, therefore, be sustained to that extent. 4. The plaintiff has claimed the arrears of rent of Rs.500 + Rs. 300 respectively said to have been collected by the defendant from the other tenants from January 1997 to December 1999. The Small Causes Court has granted a decree for Rs. 28,800/-on this court. Apparently, such a relief is beyond the jurisdiction of the Small Causes Court exercising jurisdiction under Section 26 of the Provincial Small Cause Courts Act. The decree cannot, therefore, be sustained. 5. In view of the findings on both the aspects above, the decree for payment of interest also cannot be sustained. The same also need to be set aside. 6. In the result, the writ petition is allowed. The judgment and order dated 29th November, 2005, passed by the Small Causes Court at Nagpur in Regular Civil Suit No.40 of 2000 along with the judgment and order dated 30th September, 2006, passed in Regular Civil Appeal No. 98 of 2006 is hereby quashed and set aside. 6. In the result, the writ petition is allowed. The judgment and order dated 29th November, 2005, passed by the Small Causes Court at Nagpur in Regular Civil Suit No.40 of 2000 along with the judgment and order dated 30th September, 2006, passed in Regular Civil Appeal No. 98 of 2006 is hereby quashed and set aside. The Regular Civil Suit No. 40 of 2000 is dismissed. No orders as to costs.