Lancelot Sanderson, C.J.

1. This is a matter which has been referred to us by Mr.Justice N. R. Chatterjea and Mr. Justice Richardson before whom the appealcame.

2. In our opinion there was no right of appeal to thoselearned Judges for the reason that the order from which the appeal was filedwas an order in a suit instituted by a landlord for the recovery of rent. Theorder was passed by a District Judge, and the amount claimed in the suit didnot exceed Rs. 100 and the order did not decide any question which related totitle to land or some interest in land as between parties having conflictingclaims thereto or to any of the matters specifically referred to in Section 153of the Bengal Tenancy Act. Under these circumstances we are of opinion that noappeal lay from the order of the District Judge to the High Court. If thismatter had been brought to the notice of the two learned Judges no doubt, theywould not have sent this matter by way of reference to us. As a matter of factonly one of the parties was represented before them, and no doubt, throughthat, this point was not noticed by the two learned Judges.

3. The matter having been referred to us, it is now our dutyin view of the opinion which we hold, to dismiss the appeal.

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Kumar Prafulla Krishna Deb and Ors. vs. Nosibannessa Bibi and Ors. (12.07.1916 - CALHC)