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Padma Vathemma Vs. Rajah of Venkatagiri - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1901)11MLJ115
AppellantPadma Vathemma
RespondentRajah of Venkatagiri
Cases ReferredSee Mullapudi Balakrishanayya v. Venkatanarasimha Appa Row I.L.R.
Excerpt:
- - , on the liability of the land does not alter the nature of the suit in a case like this see mullapudi balakrishanayya v.1. upon the finding that these cesses have been paid as part of the rent, they do not fall within clause 13 of the second schedule of the provincial small cause court act. they are therefore rent just as the jodi is, and according to the recent full bench ruling in s.a. no. 476 of 1899, all suits for rent are of a nature cognizable by a court of small causes. the amount here being under rs. 500, no second appeal lies. the fact that the plaintiff asserted that he was entitled to recover the jodi etc., on the liability of the land does not alter the nature of the suit in a case like this see mullapudi balakrishanayya v. venkatanarasimha appa row i.l.r. 19 m. 329.2. the second appeal therefore fails and is dismissed, but without costs.
Judgment:

1. Upon the finding that these cesses have been paid as part of the rent, they do not fall within Clause 13 of the second schedule of the Provincial Small Cause Court Act. They are therefore rent just as the jodi is, and according to the recent Full Bench ruling in S.A. No. 476 of 1899, all suits for rent are of a nature cognizable by a Court of Small Causes. The amount here being under Rs. 500, no second appeal lies. The fact that the plaintiff asserted that he was entitled to recover the jodi etc., on the liability of the land does not alter the nature of the suit in a case like this See Mullapudi Balakrishanayya v. Venkatanarasimha Appa Row I.L.R. 19 M. 329.

2. The second appeal therefore fails and is dismissed, but without costs.


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