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Moni Mohan Banerjee and anr. Vs. Anoraddi Chowkidar and ors. - Court Judgment

LegalCrystal Citation
CourtKolkata
Decided On
Judge
Reported in55Ind.Cas.212
AppellantMoni Mohan Banerjee and anr.
RespondentAnoraddi Chowkidar and ors.
Cases ReferredSita Nath Pal v. Kartick Gharmi
Excerpt:
bengal tenancy act (viii b.c. of 1885), sections 153 - suit for rent valued at less than rs. 50--appeal, whether lies. - walmsley, j.1. i think this rule must be made absolute. the learned munsif finds not merely that the relationship of landlord and tenants does not exist between the plaintiff and the defendants nos. 1 to 4, bat he finds farther that the document upon which the plaintiff relies is a collusive document and that defendant no. 6 is one of the landlords of the tenant defendants. those findings make the case very similar to that of sita nath pal v. kartick gharmi 8 c.w.n. 434. i, therefore, set aside the order of the learned judge rejecting the appeal as incompetent and direct the appeal to be restored to its place on the register and disposed of in accordance with law. i make no order as to costs in this court.
Judgment:

Walmsley, J.

1. I think this Rule must be made absolute. The learned Munsif finds not merely that the relationship of landlord and tenants does not exist between the plaintiff and the defendants Nos. 1 to 4, bat he finds farther that the document upon which the plaintiff relies is a collusive document and that defendant No. 6 is one of the landlords of the tenant defendants. Those findings make the case very similar to that of Sita Nath Pal v. Kartick Gharmi 8 C.W.N. 434. I, therefore, set aside the order of the learned Judge rejecting the appeal as incompetent and direct the appeal to be restored to its place on the register and disposed of in accordance with law. I make no order as to costs in this Court.


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