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Raimoni Dasi and ors. Vs. Upendra Nandan Das Mahapatra and ors. - Court Judgment

LegalCrystal Citation
Subject Tenancy
CourtKolkata
Decided On
Reported inAIR1930Cal251a
AppellantRaimoni Dasi and ors.
RespondentUpendra Nandan Das Mahapatra and ors.
Excerpt:
- .....be no doubt about it. we have satisfied ourselves that an appeal did lie to the lower appellate court. but it appears that in all these cases the claim for arrears of rent was under rs. 100 and the question is merely whether or not by reason of the flood in 1329 the tenants were exempted from paying rent for that particular year in pursuance of a custom to obtain remission of rent by reason of destruction of crops through inundation. that question does not appear to us to come within any branch of the proviso to section 153, ben. ten. act and, in that view, these second appeals were incompetent.2. we think, therefore, that the second appeals must be dismissed as well as these letters patent appeals : we do not think that any order for costs should be made as regards the second appeals.....
Judgment:

1. In these cases, it appears that under Section 153, Ben. Ten. Act, no second appeal lay to this Court. We regret that this point was not noticed at the earlier stage of the second appeals; but there seems to be no doubt about it. We have satisfied ourselves that an appeal did lie to the lower appellate Court. But it appears that in all these cases the claim for arrears of rent was under Rs. 100 and the question is merely whether or not by reason of the flood in 1329 the tenants were exempted from paying rent for that particular year in pursuance of a custom to obtain remission of rent by reason of destruction of crops through inundation. That question does not appear to us to come within any branch of the proviso to Section 153, Ben. Ten. Act and, in that view, these second appeals were incompetent.

2. We think, therefore, that the second appeals must be dismissed as well as these Letters Patent appeals : we do not think that any order for costs should be made as regards the second appeals or any subsequent proceedings in this Court.


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