RAJA KRISTO DAS LAW Vs. BYOMKESH OHUCKBRBUTTY

JUDGEMENT

(1.) This is an appeal against a decree dismissing a suit for rent in which the amount claimed is only Rs. 3-10 O.

(2.) A preliminary objection has been taken that no appeal lies.

(3.) For the appellant reliance is placed on the case of Dhanukdhari Lai v. Baburam Ahir (1), in which it was held that a suit for arrears of rent or, in the alternative, for assessment of fair rent on the basis of a partition proceeding was outside the provisions of Section 153 of the Bengal Tenancy Act. But it appears that that decision does not apply to this case, as there is no prayer except one for recovery of arrears of rent.