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1922 Supreme(J&K) 20

JANKI NATH WAZIR
Radha Kishen – Appellant
Versus
Sona Khandi – Respondent


Advocates Appeared:
Advocate For Appellant: Pt. Shambu Nath Dhar

This is a revision against the order of the Judge Small Causes returning the plaint to the plaintiff for being presented to the proper forum. The respondent in spite of service is not present.

(2) The sole question involved in this application is whether the suit as framed by the plaintiff is cognizable by the Small Causes Court or not. The suit is for the recovery of Rs. 220/- as hire for two boats for a period of three years. The learned Judge Small Causes has remarked that the suit is excepted under Article 8, of Schedule 2 of Small Cause Courts Act which reads under:

"A suit for the recovery of rent other than house rent, unless the Judge of the Court of Small Causes has been expressly invested by the High Court with authority to exercise jurisdiction with respect thereto."

The Counsel for the applicant has argued that the amount is not claimed as rent but hire for the use of the boats for a period of three years. It is true that the word rent has not been defined in the Small Cause Courts Act but the word rent is used in respect of immovable property like land, house and shops. The dictionary meaning of the word rent as has been stated by the trial Court is that rent includes


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