LAL BEHARY BASAK Vs. AKHIL CHANDRA SANTRA

JUDGEMENT

(1.) This Rule relates to an order dated the 3 January 1922 made by the Additional District Judge of Howrah whereby he dismissed the application of the petitioner presented to the District Judge of Hooghly under the proviso to Section 153 of the Bengal Tenancy Act and transferred by the District Judge to him for hearing.

(2.) The Rule obtained by the petitioner calls upon the opposite party to show cause why the Additional District Judge's order should not be set aside for the reasons set forth in ground (a) of the petition Ground (a) of the petition is to the effect "that the learned District Judge exercised his jurisdiction illegally and with material irregularity in transferring the case to the Additional District Judge and the latter exercised jurisdiction not vested in him in proceeding with the trial and dismissing the motion."

(3.) In support of the Rule reliance was placed on the case of Gaudna Bibi V/s. Jabanulla Mandul 5 C.W.N. 48 notes, (Civil Rule No. 1969 of 1900) reported as 5 C.W.N. Short Notes 48. We have referred to the record of the case in this Court and we find that there the Additional Judge of Jessore had before him an appeal described in the title as a miscellaneous appeal. The learned Additional Judge dealt with the matter not as an appeal but as an application under Section 153 of the Bengal Tenancy Act, and it was held by this Court that he had no jurisdiction in those circumstances to deal with the case as an application, under Section 153 of the Bengal Tenancy Act. In the present case the application of the opposite party tenant was properly made to the District Judge of Hooghly, who appears to have transferred it for disposal to the Additional District Judge of Howrah.