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Karunakarakurup Vs. Muniperanan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1901)ILR24Mad356
AppellantKarunakarakurup
RespondentMuniperanan and ors.
Excerpt:
provincial small cause courts act - act ix of 1887, section 15, schedule ii, article 8--suit for rent with cross-demand for value of improvements--jurisdiction of small cause court. - - in a case like this, if arrears of rent are due on the one aide and value of improvements on the other, the two items should ordinarily be dealt with as cross-demands arising under the same contract, but give rise to no ground for treating the suit otherwise than as a suit for rent.1. the contract alleged as to some specific liability of the tenants' improvements for arrears of rent does not appear to be in writing nor is the allegation in the plaint with regard to it intelligible. in a case like this, if arrears of rent are due on the one aide and value of improvements on the other, the two items should ordinarily be dealt with as cross-demands arising under the same contract, but give rise to no ground for treating the suit otherwise than as a suit for rent.2. such suit is therefore triable by a court of small causes.3. we therefore direct the suit to be received by the court of small causes.
Judgment:

1. The contract alleged as to some specific liability of the tenants' improvements for arrears of rent does not appear to be in writing nor is the allegation in the plaint with regard to it intelligible. In a case like this, if arrears of rent are due on the one aide and value of improvements on the other, the two items should ordinarily be dealt with as cross-demands arising under the same contract, but give rise to no ground for treating the suit otherwise than as a suit for rent.

2. Such suit is therefore triable by a Court of Small Causes.

3. We therefore direct the suit to be received by the Court of Small Causes.


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