KHENTA KAMINI DUTT Vs. ASWINI KUMAR DUTT

JUDGEMENT

(1.) The only ground on which this rule has been issued is that the Small Cause Court had no jurisdiction to try the suit in view of Art. 31, Schedule 2, to the Provincial Small Cause Courts Act.

(2.) There were two defendants in the suit, defendant 1 being the principal defendant and defendant 2 the pro forma defendant.

(3.) The plaintiffs claimed to recover Rs. 170 as house rent, together with Rs. 10 for compensation, against defendant 1 who was the tenant in the house. The claim against defendant 2 was worded thus in the plaint: If it appears and is legally proved that defendant 1 has in good faith paid to defendant 2 the rent claimed or the rent for any month, then a decree may be passed against defendant 2 for such amount as may be so found to have been paid.