( 1 ) THIS is a revisional application under Section 25, Provincial Small Cause Courts Act from the decree passed by Shri A. K. Sen, Munsif, 1st Court, Baraset, sitting as S. C. C, Judge in S. C. C. Suit No. 129 of 1951. The plaintiff instituted the suit for recovery of Rs. 89/- as the price of 'ehaga Paddy grown in 1357 B. S. in the plaintiff's land let out in 'barga' to the defendants. The defendants contested the suit contending that they were in possession of the land not as 'bargadars' but as tenants at the rental of Rs. 8/- per year. The defendants also denied the plaintiff's claim as to the quantity of the produce and the price. The learned Munsif held that the defendants were 'bargadars'. On the evidence adduced before him as to the quantity of produce and the price, he found that the plaintiff was entitled to recover Rs. 67/ -. The suit was decreed in part accordingly.

( 2 ) AGAINST that decree defendant 1 has filed this revisional application. The points urged in this Court are entirely new points viz. , that in view of Section 7, West Bengal Bargadars Act 1950 taken, with Section 9 of the same Act, the civil Court had no jurisdiction to decide the dispute relat