GOBINDA CHANDRA GANGULI Vs. MANMATHA NATH PAL CHOUDHURY

JUDGEMENT

(1.) This is an appeal from the judgment of the learned District Judge of Nuddea, sitting as a Special Judge within the meaning of Section 109A of the Bengal Tenancy Act and, the learned Judge was hearing certain rent appeals from the Revenue Officer of Krishnanagore. In this appeal we have to consider one only of those appeals, namely, Specialy Rent Appeal No. 380 of 1917 in case No. 157 of 1912 13.

(2.) Before the learned Judge the tenants Gobind Chandra Ganguly and Gopal Chander Ganguly were the appellants, and the landlords or the landlords representatives were the respondents and in this Court the position is the same, namely, the tenants are the appellants. At the commencement of the argument we directed the record to be amended by adding one of the executors of one of the deceased respondents, whose came had been omitted by inadvertence.

(3.) Mr. Chuckerbutty, the learned Vakil for the respondents, took a preliminary point that in this case there was no right of appeal to the High Court by reason of Section 109A(3) of the Bengal Tenancy Act. I will first read Sub-section (1), which runs as follows: The Local Government shall appoint one or more persons to be a Special Judge or Special Judges for the purpose of hearing appeals from the decisions of Revenue Officers under Secs.105 to 108 (both inclusive)." Sub-section (3) provides as follows: "Subject to the provisions of Chapter XLII of the Civil P. C. ( Secs.100-103, Act V of 1908)an "appeal shall lie to the High Court from the decision of Special Judge in any ease under this section (not being a decision settling a rent) as if he were a Court subordinate to the High Court within the meaning of the first section of that Chapter." The learned Vakil urged that the learned Judge's judgment in Appeal No. 380 was merely a decision settling a rent."