G.K.Mitter, J. - (1.) This is an application for final judgment in a suit for recovery of rent of a shop room by a Receiver appointed by this Court. The only objection taken is that the Court has no jurisdiction to entertain it as the amount claimed is Rs. I,344/-.
(2.) It was argued that in view of the deletion of Section 21 of the Presidency Small Cause Courts Act and the substitution of a new section in its place the jurisdiction of the High Court is taken away when the claim does not exceed Rs. 2,000/-. The old Section 21 provides as follows : "All suits to which an officer of the Small Cause Court is, as such, a party except suits in respect of property taken in execution of its process, or the proceeds or value thereof and all suits whereof the amount or value of the subject-matter exceeds Rs. 1,OOO/- may be instituted in the High Court at the election of the plaintiff as if this Act had not been passed."
(3.) The above section was amended by Section 5 of West Bengal Act XVI of 1958. The amended section reads-: "Notwithstanding anything contained in this Act or the City Civil Court Act, 1953, all suits to which an officer of the Small Cause Court, is, as such, a party except suits in respect of property taken in execution of its process or the proceeds or value thereof, may be instituted in the Calcutta" City Civil Court at the election of the plaintiff." Sub-section (2) of the City Civil Court Act provides1 as follows : "Subject to the provisions of Sub-sections (3). and (4) and of Section 9, the City Civil Court shall have jurisdiction and the High Court shall not have jurisdiction to try suits and proceedings of a civil nature, not exceeding Rs. 10,000/- in value." Under Sub-section (4) of that section : "The City Civil Court shall not have jurisdiction to try suits and proceedings of the description specified in the First Schedule." Section 5, Sub-section (5) of the City Civil Court Act of 1953 provides as follows : "All suits and proceedings which are not triable by the City Civil Court shall continue to be triable by the High Court or the Small Cause Court or any other Court, tribunal or authority, as the case may be, as heretobefore." Item 17 of the first schedule to the City Civil Court Act reads : "Suits and proceedings triable by the Small Cause Court." Section 21 of the City Civil Court Act provides that the provisions of the Act shall have effect notwithstanding anything to the contrary in any other law, Including in particular the Letters Patent of the High Court,;