SATISH CHANDRA MALLICK Vs. PANCHUMANI DASI

JUDGEMENT

(1.) This is a petition for revision of an order made by a learned Munsif whereby ha directed that a suit which had been filed for recovery of arrears of ground rent and municipal taxes should proceed only with regard to the claim for ground rent.

(2.) It is common ground that the Munsif had Jurisdiction to deal with the claim for ground rent which amounted to Rs. 420/-. It is also admitted that the claim for municipal taxes amounting to Rs. 252/- was triable in the Small Cause Court. The learned Munsif was of opinion that he could only proceed with the claim for arrears of ground rent and that the claim for municipal taxes should be heard and determined in the Small Cause Court.

(3.) There is however authority for the proposition that if a claim is partly within the jurisdiction of the regular Courts and partly within the jurisdiction of the Small Cause Courts, the plaintiff is entitled to file a suit for the consolidated amount in the regular Courts. (See 'Ramasami Aiyangar v. Gobinda Iyer, AIR (4) 1917 Mad 128, and 'Bharadwaja Mudaliar v. Arunachalla Gurukkal', 45 Ind Cas 414 (Mad).