AMBIKA THAKUR Vs. NATHUNI THAKUR

JUDGEMENT

(1.) The only question, which arises for decision in this case, is whether the suit is exempted from the cognizance of the Small Cause Courts, because the claim falls under Article 35(ii), Schedule II of the Small Cause Courts Act. The plaintiff-opposite party brought small cause court suit No. 242/86 of 1953 for price of bamboos, worth Rs. 25.00, standing on plot No. 3185. The defence was that the bamboos stood on plot 3192, but, if, on measurement, it was found that this plot and plot No. 3185 had been amalgamated, the plaintiff was not entitled to any damage, as his claim was barred by limitation. The learned Small Cause Court Judge held that the suit was triable by him, and that the bamboos actually belonged to the plaintiff. Accordingly, a decree for Rs. 25.00 was passed against the defendants.

(2.) Mr. Prem Lall, appearing on behalf of the defendants-petitioners has urged only one point, which is that Art. 35, Clause (ii), of Schedule II, of the Small Cause Courts Act (9 of 1887) bars jurisdiction of a Small Cause Court in trying a suit of this nature. In support of his contention, he relies on four decisions, namely, -- 'Ramprosad Paramnik v. Sricharan Mandal', 1918 Cal 943 (AIR V 5) (A); -- 'Commissioners of Pabna Municipality v. Nirode Sundari Dasya', 1942 Cal 544 (AIR V 29) (B); -- 'Govind Rai v. Digbijoy Singh', 1938 Pat 96 (AIR V 25) (C) and -- 'Ayub Haji Suleman v. Jainuddin Gulamali', 1926 Bom 362 (AIR V 13; (D).

(3.) Mr. Purnendu Narain, appearing on behalf of the opposite party, however, relies on the following decisions in support of his argument that a Small Cause Court has jurisdiction to try a suit of this nature. These decisions are the following : -- 'Damodar Jha v. Baldeo Prasad', 1930 Pat 575 (AIR V 17) (E); -- 'Puttangowda Mallangowda v. Nilkanth Kalo1, 37 Bom 675 (PB) (P); -- 'Sakhya Baba v. Sadashiv Parsharam', 1930 Bom 361 (AIR V 17) (G); -- 'Bharosa Singh v. Jhauri Sao', 1936 Pat 428 (AIR V 23) (H); -- 'Nilkanth Ganesh v. Dhondya Ganu', 1942 Bom 316 (2) (AIR V 29) (I) and -- 'Perumal v. Perumal Reddiar', 1947 Mad 404 (AIR V 34) (J).