KSHIRODE LAL PAUL Vs. LABANYA PROVA PAL CHOWDHURY

JUDGEMENT

(1.) This Rule is directed against an order passed by a Judge of the Court of Small Causes, Calcutta, disallowing an application made by the judgment-debtor Petitioner under Sec. 47 of the Code of Civil Procedure.

(2.) In order to appreciate the real point involved in this Rule it is necessary to state the following facts:

(3.) Mr. Guha appearing on behalf of the judgment Debtor-Petitioner raised a contention which is a very subtle and ingenious one. He contended that a Judge of the Court of Small Causes, Calcutta, is not ordinarily empowered to try an ejectment suit as a Civil Court under the Bengal, Agra and Assam Civil Courts Act, 1887. He submitted that Sec. 16 read with Schedule B of the Rent Control Act of 1950 specifically empowered a Judge of the Calcutta Court of Small Causes to try an ejectment suit as a Civil Court where the premises are situate on a land wholly within the ordinary original civil jurisdiction of the Calcutta High Court and when the rent payable for one month does not exceed Rs. 500, Sec. 16 of the Rent Control Act of 1950 runs in the following terms: