MOHAMMAD ALI KHAN Vs. SURAJ PRAKASH

JUDGEMENT

(1.) This is a plaintiff's application against an order of a Court of Small Causes directing the plaint to be returned to him for presentation to a regular Court on the ground that its jurisdiction is excluded by item (8) of Schedule 2, Small Cause Courts Act.

(2.) The suit is for the recovery of Rs. 500 on account of use and occupation of land. It is stated in the plaint that on 4-11-1948, the applicant gave certain plots of land to the defendants for three years. The defendants were allowed to use the land, to excavate it and prepare bricks and were to pay in return Rs. 500 per annum. The suit was for the last year's rent. The Small Cause Court in which the suit was instituted held that it was a suit for rent and as such beyond its jurisdiction. It is urged before me that the suit was not for rent but for the price of clay or earth.

(3.) The suit was undoubtedly for rent and not for price of earth or clay. What the applicant had done is that he had leased out the land for three years to the defendants and not merely sold the earth. No quantity of earth had been mentioned; the defendants had not been asked to excavate only so much earth and carry it away. So it cannot be said to be a case of sale of earth. Nor were the defendants merely permitted to go upon the land in order to carry away the earth they had been put in possession of the land for three years. They could use it for any purpose and also dig earth from it and prepare bricks. Thus it is not a case of mere license or profit a prendre. When the defendants had been put in possession of the land, it was a demise of land and the suit was clearly one for rent of the demised land.