GURUDASI DEVI Vs. CHANDI CHARAN KUNDU

JUDGEMENT

(1.) This Rule involves the interpretation of Article 31 of Sch. 2 to the Provincial Small Cause Courts Act (Act IX [9] of 1887). The rule was issued by Boxburgh J. and was thereafter partly heard by him. The learned. Judge was of the opinion that the matter involved a general question as to the jurisdiction of the Small Cause Court and was of such importance that it should be disposed of by a Division Bench. The rule was accordingly transferred to this Bench.

(2.) The plaintiff opposite party No. 1 instituted in the 2nd Court of the Munsif at Burdwan a suit, being S. C. C. Suit No. 205 of 1950, against the petitioner and opposite party No. 2. The plaintiff's case inter alia was that he and the petitioner were co-sharers in respect of a property, a part whereof had been demised to opposite party No. 2, and that he was accordingly entitled to his share of the rent either from the opposite party No. 2 direct or from the petitioner Sm. Gurudasi Debi, if she had realised from the tenant rents in excess of her share. The plaintiff accordingly prayed for a decree for Bs. 109-5-4, being his share of rent for the period May 8 to November 21, 1949 against opposite party No. 2, in the alternative against the petitioner, if it should be found that the petitioner had realised the whole of the rent payable by opposite party No. 2 for the said period. The Small Cause Court dismissed the suit as against opposite party No. 2, but decreed' the same as against the petitioner.

(3.) It is urged on behalf of the petitioner that by reason of Article 31 of Sch. 2 to the Provincial Small Cause Courts Act, the Small Cause Court at Burdwan had no jurisdiction to entertain the suit.