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Nema Singh Vs. Musammat Kulsum-un-nissa - Court Judgment

LegalCrystal Citation
CourtAllahabad
Decided On
Judge
Reported in86Ind.Cas.392
AppellantNema Singh
RespondentMusammat Kulsum-un-nissa
Excerpt:
landlord and tenant - arrears of rent, suit to recover--'raqam sawai', claim for, whether recoverable--jurisdiction of civil and revenue courts--objection to jurisdiction not taken in trial court--appeal to district, judge--objection, whether can be taken in second appeal. - .....of weighment fee and bhusa. the court of first instance dismissed the suit with respect to this 'raqam sawai, but the learned judge on appeal decreed this portion of the claim. it has been contended that this 'raqam sawai is in the nature of a cess and could not be recoverable, without having been recorded by the record officer. but the lower court finds, and i also find from the evidence of the patwari,' that a certain amount of money was recorded as payable as 'raqam sawai' by the tenants, at the last settlement. this disposes of the contention of the appellant on this point. it was next urged that a claim for a cess could not be maintained in the revenue court. but the question of jurisdiction does not appear to have been raised in the courts of first instance. at any rate, when.....
Judgment:

Mukerji, J.

1. The respondent-brought a suit for recovery of arrears of rent and included in it a small item which was described as 'raqam sawai.' It was a claim for Rs. 2-2-3 said to be due on account of weighment fee and bhusa. The Court of first instance dismissed the suit with respect to this 'raqam sawai, but the learned Judge on appeal decreed this portion of the claim. It has been contended that this 'raqam sawai is in the nature of a cess and could not be recoverable, without having been recorded by the Record Officer. But the lower Court finds, and I also find from the evidence of the patwari,' that a certain amount of money was recorded as payable as 'raqam sawai' by the tenants, at the last settlement. This disposes of the contention of the appellant on this point. It was next urged that a claim for a cess could not be maintained in the Revenue Court. But the question of jurisdiction does not appear to have been raised in the Courts of first instance. At any rate, when there was an appeal to the learned District Judge who was the Appellate Court for both the Civil and Revenue Courts no question of jurisdiction could be raised in that Court.

2. The decree of the Court below was right and the appeal is dismissed with costs.


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