Skip to content


Puttangowda Mallangowda Patil Vs. Nilkanth Kalo Deshpande - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtMumbai
Decided On
Case NumberCivil Application No. 1 of 1913
Judge
Reported in(1913)15BOMLR773; 20Ind.Cas.974
AppellantPuttangowda Mallangowda Patil
RespondentNilkanth Kalo Deshpande
Excerpt:
.....of money - incidental decision as to right to immovable property - form of unit - value of trees - suit cognizable by court of small causes.;the plaintiff suad to recover its. 12 being the price of trees felled by the defendant on land which belonged to the plaintiff. the defendant contended that; ha was the owner of the land and that the trees belonged to him. the subordinate judge held that the land was plaintiff's and decreed his claim. on appeal, the district judge decided that the land belonged to the defendant and therefore the plaintiff's claim for the value of the trees failed- the plaintiff applied to the high court contending that the suit being of a small cause nature, the district judge had no jurisdiction to entertain the appeal. on a reference made to a full bench to decide..........even if he w not quite alive to it at the time.' if he were to deal with the case under his ordinary civil jurisdiction, he would be violative the provisions of section 16 of act ix of 1887 which prohibits the trial of a suit cognizable by a court of small causes by are other court having jurisdiction within the local limits of the court of small caused, by which the suit is triable.
Judgment:

Basil Scott, Kt., C.J.

1. We are of opinion that the authorities rightly decide that a Court of Small Causes can entertain a suit, the principal purpose of which is to determine a right to immoveable property, provided the suit in form does not ask for this relief but for payment of a sura of money, and that under the circumstances of this particular case the suit was cognizable b] a Court of Small Causes. Section 15 of Act IX of 1887 Provides that subject to the exceptions specified in the second Schedule of the Act, and to the provisions of any other enactment for the time being in force, all suits of a civil nature, c which the value does not exceed Rs. 500, shall be cognizable by a Court of Small Causes, The exceptions contained in the second Schedule are numerous and specific, and, in Out opinion, the Court in Bapuji Raghunath v. Kuvarji Edulji Umrigar I.L.R(1890) Bom. 400 was right in holding that those exception could only refer to suits brought expressly for the purpose of obtaining decrees of the nature mentioned in the exceptions. Jamnadas v. Bai Shivkor (sic) was decided price to the passing of Act IX of 1887, and cannot be applied to the law declared by that Statute. It appears to us that it is no possible that the finding of a Court of Small Causes, in a such properly within its jurisdiction as such a Court, upon an issue incidentally arising as to the title to immoveable property, case operate as rest judicata in any subsequent suit for the determination or enforcement of any right or interest in immoveable property, the reason being that under Section 33, a Court invested with the jurisdiction of a Court of Small Causes with respect to the exercise of that jurisdiction and the same Court will respect to the exercise of its jurisdiction in suits of a civil nature not cognizable by a Court of Small Causes, are for the purpose both of the Provincial Small Cause Courts Act and of the Class Procedure Code, to be deemed to be different Courts. In the connection the observations of Sir Raymond West in Pitamber Vajirshet v. Dhondu Navlapa I.L.R (1887) Bom. 486 are in point:-' Having the Small Cause Court jurisdiction the Subordinate Judge must have, dealt with this case under that jurisdiction, even if he w not quite alive to it at the time.' If he were to deal with the case under his ordinary civil jurisdiction, he would be violative the provisions of Section 16 of Act IX of 1887 which prohibits the trial of a suit cognizable by a Court of Small Causes by are other Court having jurisdiction within the local limits of the Court of Small Caused, by which the suit is triable.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //