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Uma Churn Mandal Vs. Bijari Bewah - Court Judgment

LegalCrystal Citation
SubjectFamily;Civil
CourtKolkata
Decided On
Judge
Reported in(1888)ILR15Cal174
AppellantUma Churn Mandal
RespondentBijari Bewah
Excerpt:
small cause court, mofussil - jurisdiction of--arrears of rent of homestead or bustoo land, suit for--provincial small cause courts act (act ix of 1887), schedule ii, clauses 7 and 8. - 1. we are of opinion that a suit for the rent of homestead or bustoo land is not cognizable by a court of small causes under the provisions of the provincial small cause courts act ix of 1887. looking at sections 7 and 8 of the second schedule to the act, we think it was the intention of the legislature to limit the jurisdiction of small cause courts with reference to claims for rent to cases in which the rent is claimed in respect of houses the property of the person seeking to recover the rent.
Judgment:

1. We are of opinion that a suit for the rent of homestead or bustoo land is not cognizable by a Court of Small Causes under the provisions of the Provincial Small Cause Courts Act IX of 1887. Looking at Sections 7 and 8 of the second schedule to the Act, we think it was the intention of the Legislature to limit the jurisdiction of Small Cause Courts with reference to claims for rent to cases in which the rent is claimed in respect of houses the property of the person seeking to recover the rent.


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