ADVERTISING CONSULTANT I LTD Vs. MAMRAJ SARAF

JUDGEMENT

(1.) - The petitioner company is admittedly a tenant under the opposite parties in respect of a portion of premises No. 63, Rafi Ahmed Kidwai Road, Calcutta, at a rent of Rs. 21 thousand per month payable separately to the opposite parties in the manner set out in paragraph, 1 of the Revisional application. The opposite parties who claimed to be entitled to a sum, of Rs. 63,000 as arrears of rent for the months of November and December, 1986 and January, 1987 applied under Section 53 of the Presidency Small Cause Courts Act, 1882 for issue of a distress warrant against the petitioner. Thereupon, the Registrar, Presidency Small Causes Court had issued a Distress errant under section 54 of the Presidency Small Cause Courts Act, 1882. In. pursuance of the said warrant a Bailiff of the Court had seized certain movable properties found in the premises occupied by the Petitioner Company. The Petitioner Company has made an application under section 60 of the Presidency Small Causes Courts Act, 1882 for discharging the said warrant and release the distrained articles.

(2.) The learned Judge, 2nd Bench, Small Causes Court, Calcutta, by his order dated 28th March, 1987, has rejected the preliminary objection raised by the petitioner that the amount, involved being Rs. 67,415 including costs, the court of small Causes, Calcutta, had no jurisdiction to issue any distress warrant against the petitioners. Being aggrieved, thereby, the petitioner company filed this revisional application which has been heard with notice to the opposite parties.

(3.) We uphold the decision of the court below that it had jurisdiction to issue the distress warrant in respect of a sum of Bs. 63,000 and costs. The court of Small Causes, Calcutta which has been established under the Presidency Small Cause Court Act, 1882 is undoubtedly a Court of limited jurisdiction. Sir Asutosh Mookerjee, A. C. J. (as his lordship then was) in the case of Hriday Nath Roy and others v. Ram Chandra Barna Sarma and others repeated in 24 C. W. N. 723 at page 732, interpreted the expression 'jurisdiction' as the power of a Court to hear and determine a cause, to adjudicate or exercise any judicial power in relation to it; in other words, by jurisdiction is meant the authority which a court has to decide matters that are litigated before it or to take cognizance of matters presented in a formal way for its decision. The authority of the Court of Small causes has been limited in respect of: