SHYAMA CHARAN MITTER Vs. DEBENDRA NATH MUKERJEE

JUDGEMENT

(1.) This appeal arises out of an application for the execution of a decree for arrears of rent passed in a suit for recovery of rent, the amount claimed in the suit being less than Rs. 100.

(2.) The judgment-debtor objected to the execution proceeding. His objection was over-ruled by the Munsif, who heard the case in the first instance. There was an appeal preferred against the Munsif's decision by the judgment-debtor and that appeal has been dismissed by the District Judge. And against the order of the District Judge the present appeal has been preferred by the judgment-debtor.

(3.) At the hearing of the appeal a preliminary objection is taken by the learned Vakil for the decree-holder respondent, that this appeal is barred by Section 153: of the Bengal Tenancy Act. That section enacts that "an appeal shall not lie from any decree or order passed, whether in the first instance or on appeal in any suit instituted by a landlord for the recovery of rent where "(we refer only to so much of the section as bears upon the present case)" the decree or order is passed by a District Judge, . . . . . . and the amount claimed in the suit does not exceed one hundred rupees . . " unless . . the decree or order has decided a question relating to title to land or to some interest in land as between parties having conflicting claims thereto, or a question of a right to enhance or vary the rent of a tenant or a question of the amount of rent annually payable by a tenant."