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Raja Velugoti Vs. Venkata Rao - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1898)8MLJ83
AppellantRaja Velugoti
RespondentVenkata Rao
Excerpt:
- 1. we do not agree with the district munsif in holding that jodi is a cess or due of the kind referred to in schedule ii, clause (13) of the provincial small cause courts act. the general word 'dues' in that article must be taken to be dues similar in kind to the special dues mentioned in the article. in the present case the claim is for 'jodi,' which is rent on favourable terms. article 11 of schedule ii has no application whatever.2. the claim was therefore cognizable by the small cause court.3. we set aside the order and direct the district munsif to receive the plaint and dispose of it according to law.4. costs will abide and follow the result.
Judgment:

1. We do not agree with the District Munsif in holding that jodi is a cess or due of the kind referred to in Schedule ii, Clause (13) of the Provincial Small Cause Courts Act. The general word 'dues' in that article must be taken to be dues similar in kind to the special dues mentioned in the article. In the present case the claim is for 'jodi,' which is rent on favourable terms. Article 11 of schedule ii has no application whatever.

2. The claim was therefore cognizable by the Small Cause Court.

3. We set aside the order and direct the District Munsif to receive the plaint and dispose of it according to law.

4. Costs will abide and follow the result.


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