MASKANDAR ALI AND ORS. Vs. KALA RAJA CHOUDHURY AND ORS.

JUDGEMENT

(1.) THE simple question that has to be determined in the preliminary objection taken to the maintainability of this second appeal is whether a suit for mesne profits is not of a nature cognisable by a court of Small Causes under the Provincial Small Cause Courts Act.

(2.) THE Plaintiffs in the instant case prayed for a sum of Rs. 784/ - as mesne profits on First Schedule land for the years 1958 -59 and 1959 -60 and also for a sum of Rs. 264/ - as mesne profits on the Second Schedule land for the years 1958 -59, 1959 -60 and 1960 -61, totaling a sum of Rs. 1,048/ -. They, however, give up Rs. 48 out of their claim and confined their claim to Rs. 1,000. As the subject matter of the plaint is confined to a sum of Rs. 1,000, if the suit were a suit in the nature of a suit cognisable by a Court of Small Causes, there would be no right of second appeal having regard to Section 102 of the Code of Civil Procedure, and if it is not cognisable by a Court of Small Causes, then obviously a Second Appeal would lie as Section 102 of the Code of Civil Procedure would not be a bar.

(3.) IN this connection the relevant Article of the Provincial Small Cause Courts Act that requires to be referred to is Article 31 of Schedule II of the said Act, which runs as follows: