(1.) We have to thank Mr. Ratanlal and Mr. Patkar for the labour they bestowed on this case which is a reference to us by the First Class Subordinate Judge, Surat, by reason of doubts entertained by him whether the suit is cognizable by a Court of Small Causes or is not so cognizable.
(2.) Having these doubts the learned Judge has submitted the record to us under Section 646 A of the Civil Procedure Code.
(3.) Had the case in Prasanna Kumar Khan V/s. Uma Charan Hazra (1896) 1 C. W. N. 140, and that in Gool Khan V/s. Tetar Goala (1899) 4 C.W.N.63, been within the reach of the Judge, we think he would have had no doubts in this case.