BISWANATH PAUL Vs. SADOYMANI ROY

JUDGEMENT

(1.) This second appeal has been filed by the plaintiffs. The suit for realisation of rent was filed before the learned Munsiff No. 1 at Silchar. That suit was dismissed by the learned Munsiff No. 1 at Silchar and that was numbered as Rent Suit No. 1/8S. As against that an appeal being Rent Appeal No. 3/87 was filed before the Asstt. District Judge No. 1, Cachar at Silchar and the learned Asstt. District Judge No. 1 dismissed the appeal.

(2.) The learned Munsiff held that the suit is barred under Sections 38 and 66 of the Assam (Temporarily Settled Areas) Tenancy Act, 1971 (herein after called the Act) and also barred under Section 10 of the CPC as such the learned Munsiff by deciding issue Nos, 2 and 4 held that the suit is not maintainable in the present form. On appeal this finding was affirmed by the Learned Judge,

(3.) Certain rent deposit cases were pending before the SDC Sonai and it is slated that these cases were filed under Section 38 of the Tenancy Act. The Learned SDC after hearing both the parties allowed (he defendants-- - to deposit the rent as prayed for. As against the decision of the Learned SIX! an appeal is pending before the Collector which is pending for decision and it was on that Court it was held that the present rent suit is be not maintainable and it was further held that there is no cause of action for the present suit.