Law: Provincial Small Cause Courts Act (IX of 1887)

Section: 15(1)

(a) Provincial Small Causes Courts Act (IX of 1887),   S. 15 (1) read with Second Sch., Art. 35, item (ii)-Suit for compensation ---Allegations in plaint constituting various offences---Suit not entertainable by small causes court-Such suit filed in small cause Court treated in appeal as ordinary money suit and dealt with accordingly.   Majid Biswas and others v. Adiluddin Shaikh P L D 1960 Dacca 907 ref.   (b) Jurisdiction---   Raising objection as to jurisdiction after conclusion of argument-Disapproved Question, nevertheless, examined for ends of justice. JUDGMENT   This Rule is directed against an order made by Mr. Md. Moseeh, Subordinate Judge, 3rd Court, Chittagong, on 13-12-61 reversing that of Mr. A. M. Khan, Munsiff, Cox's Bazar, dated 27-12-60.   It is stated in the petition inter alia that the plaintiff-opposite- party filed a suit claiming compensation for an amount of Rs. 180 for reaping the paddy grown by him. It is claimed in the suit that the disputed land is owned and possessed by the plaintiff. It originally belonged to him and his brother in raiyati right but he purchased the same subsequently at an auction sale in the benami of one Abdul Hakim Sowdagar who in his turn relinquished it in the name of the plaintiff's son Soleman, who subsequently effected a transfer in favour of his father, the plaintiff. The defendants prayed for barga settlement which was refused and out of grudge they trespassed into the disputed land and forcibly reaped away the paddy grown by the plaintiff in the suit land.   The suit is contested by defendant No. 8, claiming that his father Moklesur Rahman had a korfa interest in the disputed land and after it was diluviated, the plaintiff managed to get his name entered in the record-of-rights on its reappearance. It is further claimed that during his life time, his father mortgaged a portion of land to one Abdul Hakim Sowdagar and Aminullah, and the said Abdul Hakim subsequently auction-purchased the raiyati interest of the plaintiff at a rent sale, and thereafter mortgage was redeemed by the defendant No. 8 who took khas possession of the land.   8/23/26, 8:09…