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P.K. Kuppusawmi Naidu Vs. P.K. Andalammal and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in3Ind.Cas.440
AppellantP.K. Kuppusawmi Naidu
RespondentP.K. Andalammal and anr.
Excerpt:
suits valuation act (vii of 1887), section 11 - city civil courts act (mad.), vii of 1892, section 3--value of suit exceeding rs. 2,500--jurisdiction. - - 2,500. but as the case falls within section 11 of the suits valuation act and we are not satisfied that the disposal of the suit has been prejudicially affected, and as the materials for the determination of the other grounds of appeal are before us, we think that we may decide the appeal.1. we agree with the judge that the property in suit was purchased by the plaintiff in the name of the 2nd defendant benami for himself.2. it was argued that the city civil judge had no jurisdiction to entertain the suit as the value of the house is over rs. 2,500. but as the case falls within section 11 of the suits valuation act and we are not satisfied that the disposal of the suit has been prejudicially affected, and as the materials for the determination of the other grounds of appeal are before us, we think that we may decide the appeal. as we are of opinion that the decree is right we dismiss the appeal with costs.
Judgment:

1. We agree with the Judge that the property in suit was purchased by the plaintiff in the name of the 2nd defendant benami for himself.

2. It was argued that the City Civil Judge had no jurisdiction to entertain the suit as the value of the house is over Rs. 2,500. But as the case falls within Section 11 of the Suits Valuation Act and we are not satisfied that the disposal of the suit has been prejudicially affected, and as the materials for the determination of the other grounds of appeal are before us, we think that we may decide the appeal. As we are of opinion that the decree is right we dismiss the appeal with costs.


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