Jagadamba Devi Vs. Protap Ghose and ors. - Court Judgment |
| Tenancy |
| Kolkata |
| May-21-1887 |
| Tottenham and ;Norris, JJ. |
| (1887)ILR14Cal537 |
| Jagadamba Devi |
| Protap Ghose and ors. |
bengal tenancy act (act viii of 1885), section 149 - suit by third party claiming rent paid into court in rent suit, nature of--title suit--institution stamp. - tottenham, j.1. the suit in question under section 149 (3) bengal tenancy act, is not a title suit, and need not be stamped as such. it is in the nature of a suit for an injunction under the specific relief act, or else of a declaratory suit.norris, j.2. i agree that the suit in question is not a title suit. i do not think it is necessary to express any opinion as to what sort of suit it is.
Tottenham, J.
1. The suit in question under Section 149 (3) Bengal Tenancy Act, is not a title suit, and need not be stamped as such. It is in the nature of a suit for an injunction under the Specific Relief Act, or else of a declaratory suit.
Norris, J.
2. I agree that the suit in question is not a title suit. I do not think it is necessary to express any opinion as to what sort of suit it is.