Surendra Nath Mitra and ors. Vs. Upendra Nath Bhatta

Surendra Nath Mitra and ors. vs Upendra Nath Bhatta

Type Court Judgment Court Kolkata Decided Jan 03, 1913

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Citation: sooperkanoon.com/872239
Court: Kolkata
Judge: Cecil Brett and ;Richardson, JJ.
Decided On: Jan 03, 1913
Subject: Civil

Case Summary

AI-generated summary - not the official court judgment text.

Succession Certificate Act (VII of 1889), Section 4 Clause (2) - Debt--Decree for rent--Decretal amount deposited by tenant--Whether amount is 'rent.' -

Key legal issue: Civil

Parties & Advocates

Appellant / Petitioner

Surendra Nath Mitra and ors.

Respondent

Upendra Nath Bhatta

Legal References

Reported In: 18Ind.Cas.495

Excerpt

succession certificate act (vii of 1889), section 4 clause (2) - debt--decree for rent--decretal amount deposited by tenant--whether amount is 'rent.' - 1. no one appearing to oppose this rule, we think that it should be made absolute. the claim of the father of the petitioners was for rent. the fact that the claim was allowed and a decree for rent was obtained does not appear to us to have altered the character of the original debt which was one for rent. we, therefore, make the rule absolute, set aside the order of the munsif respecting the application and direct that the amount claimed be paid to the petitioners.

Full Judgment

1. No one appearing to oppose this Rule, we think that it should be made absolute. The claim of the father of the petitioners was for rent. The fact that the claim was allowed and a decree for rent was obtained does not appear to us to have altered the character of the original debt which was one for rent. We, therefore, make the Rule absolute, set aside the order of the Munsif respecting the application and direct that the amount claimed be paid to the petitioners.

Same Parties Surendra Nath Mitra and ors. vs Upendra Nath Bhatta Same Subject Civil Same Judge Cecil Brett and ;Richardson, JJ.

Civil