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Ashutosh Chatterjee Vs. Golap Chand Nowlakha and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in(1894)ILR21Cal602
AppellantAshutosh Chatterjee
RespondentGolap Chand Nowlakha and ors.
Excerpt:
bengal tenancy act (viii of 1885) section 158 - tenure, incidents of--tenants, applications against several--form of petition--practice. - .....duty of the revenue authorities.2. the subordinate judge was of opinion that section 158 only referred to particular cases, and did not justify such an application. the district judge, however, was of opinion that the section should be literally construed, and that the proceeding should be allowed. we think the legislature did not contemplate that the several causes of action should be lumped up together. there is no procedure known to our law that recognizes the right to bring batches of suits in one claim. we direct that the decree of the lower court be set aside, and that of the first court affirmed with costs.
Judgment:

O'Kinealy and Ameer Ali, JJ.

1. In this case Ashutosh Chatterjee applied to the Court under Section 158 of the Rent Act to have the nature of a large number of tenancies determined in one suit. In other words, he asked the Civil Court to do what the law declares in Section 103 to be the peculiar duty of the revenue authorities.

2. The Subordinate Judge was of opinion that Section 158 only referred to particular cases, and did not justify such an application. The District Judge, however, was of opinion that the section should be literally construed, and that the proceeding should be allowed. We think the Legislature did not contemplate that the several causes of action should be lumped up together. There is no procedure known to our law that recognizes the right to bring batches of suits in one claim. We direct that the decree of the lower Court be set aside, and that of the first Court affirmed with costs.


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