SHAIKH POKAN Vs. RAJANI KAMAL CHAKRAVARTY

JUDGEMENT

(1.) The petitioners in these Rules were defendants in certain suits instituted by the opposite parties for recovery of certain sums of money under agreements executed by the petitioners in their favour. The main defence to the suits was, first, that the Small Cause Court had no jurisdiction to try the suits, and, secondly, that the order of the Revenue Officer in certain commutation proceedings was binding on the plaintiffs in suits in the Small Cause Court. These objections were overruled by the Small Cause Court. The petitioners thereupon obtained these Rules.

(2.) The first question for consideration is, whether the Small Cause Court had jurisdiction to try the suits.

(3.) The suits, as we have already said, were based upon certain agreements. The agreements in these cases are all similar in their nature, and we refer to one of them. The kabuliyat is described as one for agricultural labour for cultivating in partnership the khas khamar land (khas khamar jamir bhage chas abad kara krishi majuri girir kabuliyat patra midang). The land is described as having been kept separate for a very long time on account of subsistence (Jibika) of the Maliks.