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Ram Lal and ors. Vs. Umrai and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtAllahabad High Court
Decided On
Judge
Reported in(1885)ILR7All384
AppellantRam Lal and ors.
RespondentUmrai and ors.
Excerpt:
.....for land acquired for public purposes - suit for money had and received for plaintiff's use--small cause court suit. - cantonments act[c.a. no. 41/2006]. section 346 & cantonment fund (servants rules, 1937, rules 13, 14 & 15: [h.l. gokhale, ag. cj, p.v. hardas, naresh h. patil, r.m. borde & r.m. savant, jj] jurisdiction of school tribunal constituted under maharashtra employees of private schools (conditions of service) regulations act, (3 of 1978) held, school run by the cantonment board is a primary school and it is not a school recognised by any such board comparable to the divisional board or the state board. the school tribunal constituted under section 8 of the maharashtra act cannot entertain appeals filed under section 9 by the employees working in schools which are.....oldfield, j.1. a preliminary objection has been taken that the appeal will not lie, as the suit is of the nature of a suit cognizable by a court of small causes. we are of opinion that the objection is valid. the suit is for money had and received for the plaintiff's use, and following the decision of this court in sohan v. mathura das i.l.r. 6 all. 449 we hold such a suit to be cognizable by a court of small causes. the appeal is dismissed with costs.
Judgment:

Oldfield, J.

1. A preliminary objection has been taken that the appeal will not lie, as the suit is of the nature of a suit cognizable by a Court of Small Causes. We are of opinion that the objection is valid. The suit is for money had and received for the plaintiff's use, and following the decision of this Court in Sohan v. Mathura Das I.L.R. 6 All. 449 we hold such a suit to be cognizable by a Court of Small Causes. The appeal is dismissed with costs.


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