GULAM RASUL Vs. BALU SAYAJI CHAMBHAR

JUDGEMENT

(1.) The facts appear to be that the plaintiff before the Mamlatdar has brought a suit on the 25 of October 1906 to recover possession of a house situated within the town limits of Kalyan.

(2.) According (it is admitted) to the Mamlatdars Courts Act then in force the Court would have had jurisdiction over the subject-matter of the suit; but on the 29 October 1906, the amended Mamlatdars Courts Act II of 1906 came into force and under the provisions of Section 5 of that Act it is clear that the Mamlatdar would no longer have jurisdiction over the subject-matter of the present suit.

(3.) The case came on for hearing before the Mamlatdar on the 8 November 1906 and an objection was then taken on behalf of the defendant that the jurisdiction of the Mamlatdar's Court had been ousted.