Jagadamba Devi Vs. Protap Ghose and ors. - Court Judgment

SooperKanoon Citationsooperkanoon.com/855648
SubjectTenancy
CourtKolkata
Decided OnMay-21-1887
JudgeTottenham and ;Norris, JJ.
Reported in(1887)ILR14Cal537
AppellantJagadamba Devi
RespondentProtap Ghose and ors.
Excerpt:
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.
Judgment:

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.