RADHA BALLABH GUHA Vs. PANCHKARI SIL

JUDGEMENT

(1.) This rule was issued on the opposite party to show cause why the order of the Subordinate Judge of Dacca, dated 17 February 1927, entertaining and allowing an appeal preferred by the opposite party from a decision of the Munsif of Dacca, dated 30 September 1926, should not be set aside.

(2.) It appears that the plaintiff, who is the petitioner before this Court, instituted a suit in the Court of the Munsif of Dacca for recovery of a certain sum as the price of trees which had been cut by the defendant. The defendant is plaintiff's tenant, and the plaint alleged that the defendant had, as such tenant, no right to cut away and misappropriate any tree without the permission of the plaintiff either under the local custom or under the law, and, as the defendant wrongfully and illegally cut away two hijal trees from the land, he was liable to pay compensation.

(3.) The Munsif decreed the plaintiff's suit and ordered that "the suit be decreed in part for Rs. 5-2-6 with proportionate costs." The suit was valued at less than Rs. 100 and it is admitted that the Munsif who tried the suit was vested with powers of a Small Cause Court Judge to try cases up to the value of Rs. 100.