KEDAR NATH CHOWDHURY Vs. DWIJENDRA NARAIN ROY

JUDGEMENT

(1.) This is an appeal from the decree of the District Judge, in a gait for rent. The amount claimed in the suit was Rs. 21.12.3 and did not consequently exceed Rs. 100.

(2.) On behalf of the respondent a preliminary objection has been taken that the appeal is incompetent under Section 153 of the Bengal Tenancy Act. The appeal is prima facie incompetent unless the appellant is able to satisfy us that the decree appealed against has decided a question relating to title to land or any of the other special questions mentioned in Section 153. The decree under appeal has not decided any question on the merits at all, because the District Judge rightly or wrongly held that the appeal preferred to him was incompetent under Section 153 of the Bengal Tenancy Act. Consequently, the second appeal is incompetent, and is dismissed with costs. Fletcher, J.

(3.) I agree.