GAJENDRA KUMARI DEVI Vs. GURU GADABA

JUDGEMENT

(1.) IN Money Suit No. 40 of 1963 in the Court of the Subordinate Judge, Jeypore, plaintiff obtained a decree on 10-8-68 for Rs. 975/ with interest towards arrears of cost and land-cess When the decree was put in execution, defendant filed an objection Under Section 47, Code of Civil Procedure, that the decree was not executable as it was passed by a court having no inherent jurisdiction over the subject-matter of the suit. The objection was upheld by the Courts below. Against the appellate order, this miscellaneous appeal has been filed It may be noted that the plaintiff had previously filed another suit in the O. T. R. Court for the same claim which was dismissed as being barred by limitation.

(2.) BEFORE the learned District Judge it was not disputed that there was relationship of landlord and tenant between the plaintiff and the defendant and that the suit was for recovery of arrears of rent and cess and that the O. T. R. Court had once dismissed this very claim.

(3.) SECTION 10 (1) of the Orissa Tenants Relief Act, 1955 (hereinafter referred to as the Act) lays down.