SURESH CHANDRA DUTTA Vs. MOHENDRA CHANDRA DE

JUDGEMENT

(1.) This is a reference from the Munsif, 2nd Court, Brahmanberia under Rules 1 and 6, Order 46, Civil P.C., inviting our decision upon a point of law which is raised in the letter of reference. The question involved is whether the Munsif sitting as a Small Cause Court Judge has jurisdiction to try the suit or whether he has not got such jurisdiction and the suit should be tried by a Munsif under the ordinary procedure.

(2.) The facts shortly are that the plaintiff instituted a suit for recovery of the price of some crops from the defendants on the allegation that the defendants were labourers who had agreed to pay to them and their cosharers a certain share of the crops while they were to retain the remainder of the crops in lieu of wages. The money sought to be recovered was in respect of the years 1333 to 1335 B. S. (1926 to 1928.)

(3.) The defence set up by the defendants was that they were settled raiyats in the village and were raiyats in respect of this land also and that they were recorded as such at the time of the cadastral survey, They therefore took the plea that the suit was not maintainable in a Small Cause Court. They further pleaded that Section 16, Ben. Ten. Act, was a bar to the plaintiffs getting a decree in the suit inasmuch as they had not complied with the provisions of Section 15 of that Act.