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Prithwi Chand Lall Choudhury Vs. Elahi Buksh Mohamed - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtKolkata
Decided On
Reported inAIR1935Cal108
AppellantPrithwi Chand Lall Choudhury
RespondentElahi Buksh Mohamed
Excerpt:
- .....under section 26-j, beng. ten. act. the only ground on which the rule was issued is that the learned judge had no jurisdiction to interfere with the order of the munsiff in appeal as the order of the munsiff was not at all appealable. it appears from the judgment of the learned subordinate judge that he is also of opinion that the order in a proceeding under section 26-j, ben. ten. act is not appealable, but he treated the order as one under section 158, bong. ten. act. we have looked into the petition which was filed by the landlord on the basis of which the proceeding out of which the present rule has arisen was started. it is clear from the said petition that it was only under section 26-j, ben. ten. act. the learned judge was therefore in error in holding that it could be.....
Judgment:
ORDER

1. This is an application in revision against the order of the Subordinate Judge of Dinajpur, dated 20th July 1933, reversing the order of the munsiff of Raigunj in a proceeding under Section 26-J, Beng. Ten. Act. The only ground on which the Rule was issued is that the learned Judge had no jurisdiction to interfere with the order of the Munsiff in appeal as the order of the Munsiff was not at all appealable. It appears from the judgment of the learned Subordinate Judge that he is also of opinion that the order in a proceeding under Section 26-J, Ben. Ten. Act is not appealable, but he treated the order as one under Section 158, Bong. Ten. Act. We have looked into the petition which was filed by the landlord on the basis of which the proceeding out of which the present Rule has arisen was started. It is clear from the said petition that it was only under Section 26-J, Ben. Ten. Act. The learned Judge was therefore in error in holding that it could be treated as a proceeding under Section 158, Ben. Ten. Act. The result therefore is that this Rule is made absolute, the order of the learned Subordinate Judge is set aside and that of the Munsiff restored. There will be no order for costs in this Rule.


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