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Unde Rajaha Raja the Honorable Sir Raja Velugoti Srirajagopalakristna Yachendra Bahadur Vs. Isanaka Yerrareddi - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1893)3MLJ131
AppellantUnde Rajaha Raja the Honorable Sir Raja Velugoti Srirajagopalakristna Yachendra Bahadur
Respondentisanaka Yerrareddi
Excerpt:
- - 3. the suit must therefore fail, but as this point was not taken before the district judge, and on the facts found the conduct of the defendants has not been free from blame, we shall not award costs in their favor......as the present will not lie under section 49.2. it might have been open to the plaintiff to prefer a petition under section 32 for the release of the property--but in that case there would be no appeal.3. the suit must therefore fail, but as this point was not taken before the district judge, and on the facts found the conduct of the defendants has not been free from blame, we shall not award costs in their favor.4. the decree of the district court must be reversed and the suit dismissed, each party bearing his own costs throughout.
Judgment:

1. We are of opinion that the suit is not sustainable under Section 49 of the Rent Recovery Act. The prayer of the plaint is hot for damages, but for the release and restoration of specific movable property together with some other subsidiary relief. The Revenue Court in which the suit was instituted is one of special and limited jurisdiction and such a suit as the present will not lie under Section 49.

2. It might have been open to the plaintiff to prefer a petition under Section 32 for the release of the property--but in that case there would be no appeal.

3. The suit must therefore fail, but as this point was not taken before the District Judge, and on the facts found the conduct of the defendants has not been free from blame, we shall not award costs in their favor.

4. The decree of the District Court must be reversed and the suit dismissed, each party bearing his own costs throughout.


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