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Prohlad Patni Vs. Shashadhar Rai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtKolkata
Decided On
Judge
Reported in7Ind.Cas.553
AppellantProhlad Patni
RespondentShashadhar Rai
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 8 - suit for rent of ferry, not a suit for rent within article 8--jurisdiction of small cause court. - 1. each case of this class must be determined according to its own peculiar circumstances, and i feel no doubt that what is claimed here is a sum payable under a contractual relationship and referable to that relationship, and it is in no sense rent that is claimed. it follows from this that the exclusion under art. 8 of the second schedule to the provincial small cause courts act has no application, and the court had jurisdiction to try the suit.2. the rule must, therefore, be discharged with costs-hearing fee, two gold mohurs.
Judgment:

1. Each case of this class must be determined according to its own peculiar circumstances, and I feel no doubt that what is claimed here is a sum payable under a contractual relationship and referable to that relationship, and it is in no sense rent that is claimed. It follows from this that the exclusion under art. 8 of the second Schedule to the Provincial Small Cause Courts Act has no application, and the Court had jurisdiction to try the suit.

2. The rule must, therefore, be discharged with costs-hearing fee, two gold mohurs.


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