SUCHITRA KUMAR DAS Vs. SREE INDU BHUSHAN SARKER

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and order passed by the High Court Division in Second Miscellaneous Appeal No. 9 of 1973 on July 30, 1979.

(2.) The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a decree. The decree was put into execution in the Second Court of Munsif of Barisal. The appellant who was the judgment debtor instituted an objection under section 47 CPC being Miscellaneous case No. 48 of 1970, in the same Court for a declaration that the decree obtained by the respondent was illegal and without jurisdiction since there is no written contract of monthly tenancy. Further, he asserted that there was no relationship of landlord and tenant between him and the respondent and that he was in possession of the property in his own right. The said case was allowed by the Munsif. Respondent preferred an appeal, being Miscellaneous Appeal No. 19 of 1972, before the Subordinate Judge, Ist Court, Barisal who allowed the appeal and restored the execution case. Being aggrieved, the Appellant filed the aforesaid Second Miscellaneous Appeal before the High Court Division which upheld the judgment of the first appellate Court. Against the decision of the High Court Division the appellant moved this Court and obtained leave to appeal on the following grounds:

(3.) Mr. SS Haider, Counsel for the appellant, contended that the conciliation Court had no jurisdiction to entertain the case filed by the respondent as there was no written contract of monthly tenancy. In support of his contention he placed reliance on a decision of the Pakistan Supreme Court, namely, Zamiruddin Vs. Havas Khan 21 DLR (SC) 39. The provisions of law conferring jurisdiction on the conciliation Court are contained in Part 1 (b) of the Conciliation Courts Ordinance (XLIV of 1961).