Ram Nath vs Sekhdar Singh

Piggott, J.—This was a suit for money in a Court of Small Causes. That court has refused to entertian it on the ground that it is not cognizable by that court, being a suit for rent. It presumably refers to paragraph (8) of the second schedule to the Provincial Small Cause Courts Act, No. IX of 1887. If it were a suit for rent at all it would be cognizable by a Revenue Court under the provisions of the Tenancy Act, and the Revenue Court has already refused to entertain a claim for this money, though the defendant is not to blame for this. On the plaint as drafted the claim is for damages for breach of a contract. I set aside the order of the court below and direct that court to re-admit the suit on to its file of pending cases and to dispose of it according to law. Costs here and hitherto will abide the event.