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Senthivelu Mudaliar Vs. Varada Chariar (Deceased) and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Reported in(1906)16MLJ353
AppellantSenthivelu Mudaliar
RespondentVarada Chariar (Deceased) and anr.
Excerpt:
- - the objection is, in our opinion, a good one.1. a preliminary objection is taken that as the suit is one of small cause nature and the sum sued for is under rs. 500, there is no second appeal.2. the answer given is that the suit comes under article 35(j) in the 2nd schedule appended to the provincial small cause courts act. the objection is, in our opinion, a good one. this is not a suit for compensation for illegal, improper or excessive distress or attachment, but merely for the recovery of money paid. this second appeal must be dismissed with costs to be calculated on the reduced scale as notice of this objection was not given.
Judgment:

1. A preliminary objection is taken that as the suit is one of small cause nature and the sum sued for is under Rs. 500, there is no second appeal.

2. The answer given is that the suit comes under Article 35(J) in the 2nd Schedule appended to the Provincial Small Cause Courts Act. The objection is, in our opinion, a good one. This is not a suit for compensation for illegal, improper or excessive distress or attachment, but merely for the recovery of money paid. This second appeal must be dismissed with costs to be calculated on the reduced scale as notice of this objection was not given.


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