ANANTA MAHADEV THAKUR Vs. RAGHU SAMAL AND ORS.

JUDGEMENT

(1.) THIS is a Plaintiff's second appeal from the decision of the Additional District Judge, Cuttack dated 17 -7 -1973 passed in Rent Appeal No. 4 of 1972 reversing the decision of the Refit Suit Officer, Cuttack decreeing a suit for recovery of arrears of rent on the ground that he had no jurisdiction to entertain such a plaint, and directing the plaint to be returned for presentation in the proper Court.

(2.) THE Plaintiff is the deity, Shri Ananta Mahadev Thakur, represented by one Srimati Pitabasini Debi as marfatdar. The rent suit was instituted in the Court of the Rent Suit Officer for recovery of arrears of rent in respect of the suit land for 1373 Sal amounting to Rs. 287/ -.

(3.) THE Rent Suit Officer decreed the suit in part after scaling down the rent claimed to 6 mounds of paddy per acre per annum by holding that there was relationship of landlord and tenant between the parties and that rent had not been paid as alleged.