DEBENDRA CHANDRA SAHA Vs. PRAMATHA CHANDRA ROY

JUDGEMENT

(1.) This case raises the question whether the Small Cause Court, Calcutta, acted without jurisdiction in trying a suit for recovery of arrears of rent for premises in Pakistan.

(2.) The opposite party brought the present suit on the allegation "that the defendants are tenants-at- will" in respect of a room in Dacca Municipality, at a rent of Rs. 38/- per month, and that the rents for the months Kartik 1357 to Jaisthaya 1358 had not been paid. It was further alleged that the rents from the months Sravan 1355 to Aswin 1357 were paid in Calcutta, and that the defendants "came down to Calcutta immediately after the partition of the Province of Bengal", and all of them are living here permanently.

(3.) It may be mentioned that defendants 2 and 3 are father and son, and they obtained the present Rule. Defendant No. 1 is the firm, of which defendants 2 and 3 are the partners.