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Raja Kristo Das Law and ors. Vs. Byomkesh Ohuckbrbutty and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in53Ind.Cas.64
AppellantRaja Kristo Das Law and ors.
RespondentByomkesh Ohuckbrbutty and ors.
Cases ReferredDhanukdhari Lai v. Baburam Ahir
Excerpt:
bengal tenancy act (fill b. c. of 1885), section 153- rent suit valued at less than bs. 100--appeal, second, whether lies. - newbould, j.1. this is an appeal against a decree dismissing a suit for rent in which the amount claimed is only rs. 3-10 o.2. a preliminary objection has been taken that no appeal lies.3.for the appellant reliance is placed on the case of dhanukdhari lai v. baburam ahir (1), in which it was held that a suit for arrears of rent or, in the alternative, for' assessment of fair rent on the basis of a partition proceeding was outside the provisions of section 153 of the bengal tenancy act. but it appears that that decision does not apply to this case, as there is no prayer except one for recovery of arrears of rent.4. it appears to me doubtful whether the case is not to be taken out of the provisions: of section 153 of the bengal tenanoy act owing to there having been a decision and; a decree.....
Judgment:

Newbould, J.

1. This is an appeal against a decree dismissing a suit for rent in which the amount claimed is only Rs. 3-10 O.

2. A preliminary objection has been taken that no appeal lies.

3.For the appellant reliance is placed on the case of Dhanukdhari Lai v. Baburam Ahir (1), in which it was held that a suit for arrears of rent or, in the alternative, for' assessment of fair rent on the basis of a partition proceeding was outside the provisions of Section 153 of the Bengal Tenancy Act. But it appears that that decision does not apply to this case, as there is no prayer except one for recovery of arrears of rent.

4. It appears to me doubtful whether the case is not to be taken out of the provisions: of Section 153 of the Bengal Tenanoy Act owing to there having been a decision and; a decree on a question relating to title to land. But, as the respondent in whose favour the decree was passed has now pleaded that no question has been decided,: it must be held, if there is any future litigation, that the question of the plaintiffs', title is not effected by the decision in this suit. I, therefore, hold that no question of title has been decided between the parties and the suit being one instituted by the landlord for recovery of rent for a sum not exceeding Rs. 100, no appeal lies to this, Court.

5. The appeal is accordingly dismissed with costs.


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