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

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Subject	Tenancy
Court	Kolkata
Decided On	May-21-1887
Judge	Tottenham and ;Norris, JJ.
Reported in	(1887)ILR14Cal537
Appellant	Jagadamba Devi
Respondent	Protap 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.