PRANHARI GUHA Vs. CHANDRA KUMAR GUHA

JUDGEMENT

(1.) This is a second appeal in a rent suit with a rule for consideration of the question of jurisdiction under Section 115 of the Code of Civil Procedure in case no appeal lay.

(2.) The learned Munsif raised the question as to the rate of rent and the District Judge, therefore, after first holding that the plaintiff s suit must be dismissed in revision upon the gross error in the case subsequently held that by reason of this question of the amount of rent an appeal lay to him, and he, therefore, decided the appeal on its merits on the finding that there was no relationship of landlord and tenant between the parties.

(3.) It is clear that under Section 153, Civil Procedure Code, We have only to deal with the judgment and decree of the learned District Judge. We have nothing whatever to do with what questions were raised before the Munsif. As there was no question before the Judge of the rate of rent, we are of opinion that no appeal lies to us in the case the rent sued for being 15 rupees only.