ABDUL MIAN Vs. BIDU MAHATA

JUDGEMENT

(1.) This is an application in revision by the defendants against an order D/-2-2-53 passed by the Munsif, First Court, Dhanbad, rejecting the preliminary objection of the defendants that the Small Cause Court had jurisdiction, and the suit was not properly instituted in his court as a money suit.

(2.) The plaintiff has claimed mesne profits for the years 1355 and 1356 Fs. In respect of the suit land and the allegation is that the defendants being in wrongful possession of the suit land during that period deprived the plaintiff of the dues for the years in question and thereby the defendants have made a wrongful gain.

(3.) The material facts as appear from the plaint are these: