MASKANDAR ALI AND ORS. Vs. RASHID ALI AND ORS.

JUDGEMENT

(1.) THIS is an appeal from the order of the Sub -Judge, Cachar, dated 10th May 1949 dismissing an appeal from the order of the Munsiff of Karimganj dated 30th August 1948 in Misc. Case No. 116 of 1947.

(2.) THE appeal arises out of miscellaneous proceedings under Section 33, Sylhet Tenancy Act. The appeal was dismissed on the ground that the order of the learned Munsiff was not appealable. In coming to this conclusion, the learned Sub -Judge relied on Narendra Lal v. Rabindra Lal,, 51 cal. W. N. 673. The correctness of the view of the law that has prevailed with the learned Sub -Judge is assailed before us.

(3.) THEN follows a list of matters which may be determined at the instance of the landlord or the tenant under this section. It is claimed that sub -cl. (e) of Section 147, Clause (1) covers the matter now before us and therefore the order was appealable. Sub -cl. (e) deals with "any other incident of the tenancy," viz., incident not specifically mentioned in the preceding sub -clauses.