High CourtsDivision Bench(1894) 02 CAL CK 0010

Ashutosh Chatterjee vs Golap Chand Nowlakha and Others

Calcutta High Court · Decided on 28 February 1894 · Citation: (1894) ILR (Cal) 602

HON’BLE JUDGES
O''Kinealy, J · Ameer Ali, J

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Judgment

2 paragraphs · 161 words

O''Kinealy and Ameer Ali, JJ.—In this case Ashutosh Chatterjee applied to the Court u/s 158 of the Rent Act to have the nature of a large number of tenancies determined in one suit. In other words, he asked the Civil Court to do what the law declares in Section 103 to be the peculiar duty of the revenue authorities.

2.

The Subordinate Judge was of opinion that Section 158 only referred to particular cases, and did not justify such an application. The District Judge, however, was of opinion that the section should be literally construed, and that the proceeding should be allowed. We think the Legislature did not contemplate that the several causes of action should be lumped up together. There is no procedure known to our law that recognizes the right to bring batches of suits in one claim. We direct that the decree of the lower Court be set aside, and that of the first Court affirmed with costs.