FUZLUR RAHMAN Vs. KRISHNA PRASAD

JUDGEMENT

(1.) The petitioner sued under Section 9 of the Specific Relief Act for obtaining possession of a hat from which, he alleged, he had been illegally dispossessed by the opposite party. He sets forth in his plaint that he held possession in right of a dur-ijara for a term of years of a certain hat within boundaries specified at foot of the plaint and that the possession which he had held was by collecting tolls, rents, and. the like. He alleged that on a certain day the defendant had by wrongful show of force realised the tolls from the hat in question in spite of his remonstrances and so illegally dispossessed him, and he prayed that under the provisions of Section 9 of the Specific Relief Act possession of the Mt might be given to him as before.

(2.) The Munsiff held, on the authority of the Full Bench case of Fadu Jhala V/s. Gour Mohun Jhala (1892) I. L. R. 19 Calc. 544., that, inasmuch as the hat appears en the face of the plaint to be an incorporeal right to collect tolls from persons frequenting the Mt to sell goods, the suit was not entertainable under Section 9 of the Specific Relief Act.

(3.) The present rule was granted to show cause why the judgment of the Munsiff should not be set aside and such other orders made as to this Court might seem fit.