( 1 ) THE facts out of which this reference to the Full Bench has arisen are briefly as follows: In April, 1953 the plaintiff Mahendra Nath Roy instituted a suit in the Court of the learned Second Munsif, Alipore, exercising the powers of a Small Cause Court Judge, under the Provincial Small cause Courts Act (Act IX of 1887), against the defendants Delraddi Chakdar and Debaraddi Chakdar, being S. C. C. No. 213 of 1953, claiming a sum of Rupees 319-8-0 being the value of the plaintiff's half share of the produce of the land in suit. The plaintiff claimed that the defendants were Bhag Chasis under the plaintiff and that the defendants had neither delivered to the plaintiff his share of the produce for the period 1st Baisakh 1357 B. S. to the end of Chaitra 1359 B. S. not paid to him the value thereof. The defendants denied the allegations in the plaint. They denied that they were Bhag Chasis under the plaintiff, asserting that they were tenants under him. It appears, however, that the tenancy right of the defendants in the suit land had been negatived in previous proceeding and before the learned Munsif they contested the suit on the ground that the Court had no jurisdic