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HossaIn Bux Vs. Mutookdharee Lall and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtKolkata
Decided On
Judge
Reported in(1887)ILR14Cal312
AppellantHossaIn Bux
RespondentMutookdharee Lall and ors.
Excerpt:
bengal tenancy act (vii of 1885), sections 93, 143 - manager, application for--appeal--civil procedure code (act xiv of 1882), sections 2. - w. comer petheram petheram, c.j.1. it appears, on an examination of the code, that the order in question is not a suit within the meaning of section 143 of the bengal tenancy act of 1885, as the operation of that section is confined to suits between landlord and tenant. this is not a proceeding between landlord and tenant, but a proceeding initiated by some third person who does not fill either of these positions. under these circumstances, and it not being shown to us that unless it comes within the meaning of section 143, this order would be appealable at all, we must hold that the order is not appealable, and therefore we must dismiss the appeal for that reason.
Judgment:

W. Comer Petheram Petheram, C.J.

1. It appears, on an examination of the Code, that the order in question is not a suit within the meaning of Section 143 of the Bengal Tenancy Act of 1885, as the operation of that section is confined to suits between landlord and tenant. This is not a proceeding between landlord and tenant, but a proceeding initiated by some third person who does not fill either of these positions. Under these circumstances, and it not being shown to us that unless it comes within the meaning of Section 143, this order would be appealable at all, we must hold that the order is not appealable, and therefore we must dismiss the appeal for that reason.


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