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Mullapudi Balakrishnayya Vs. Venkatanarasimha Appa Rau - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad329
AppellantMullapudi Balakrishnayya
RespondentVenkatanarasimha Appa Rau
Cases ReferredVenkatarama Doss v. Maharajah of Vizianagram I.L.R.
Excerpt:
suit for kattubadi and karnam's emoluments - provincial small cause courts act--act ix of 1887, schedule (13)--civil procedure code--act xiv of 1882, section 586--no second appeal. - 1. this is a suit of a small cause nature, being a suit for kattubadi. the mere fact that the plaintiff asserted that the kattubadi was chargeable on land cannot be taken to alter the nature of the suit when, in fact, it was not so chargeable. notwithstanding the decision in venkatarama doss v. maharajah of vizianagram i.l.r. 19 mad. 103 we must say that in our opinion kattubadi is not, in the absence of any custom or contract to the contrary, chargeable on land. the plaintiff, it is to be observed, abandoned the claim for a charge and obtained a decree for money only. then it is argued that the claim for the money due on account of emolument payable to karnams is a claim within article 13 of the schedule to the small cause courts act. it is said that it is a due payable to the plaintiff.....
Judgment:

1. This is a suit of a small cause nature, being a suit for kattubadi. The mere fact that the plaintiff asserted that the kattubadi was chargeable on land cannot be taken to alter the nature of the suit when, in fact, it was not so chargeable. Notwithstanding the decision in Venkatarama Doss v. Maharajah of Vizianagram I.L.R. 19 Mad. 103 we must say that in our opinion kattubadi is not, in the absence of any custom or contract to the contrary, chargeable on land. The plaintiff, it is to be observed, abandoned the claim for a charge and obtained a decree for money only. Then it is argued that the claim for the money due on account of emolument payable to karnams is a claim within Article 13 of the schedule to the Small Cause Courts Act. It is said that it is a due payable to the plaintiff by reason of his interest in immoveable property. If the claim were made by the karnam, it would not be of that character, although it might come under other words of the same article. As the claim is made by the zamindar, it must rest on some custom or contract. It is certainly not a claim made by reason of any interest in land. For these reasons we must hold that no second appeal lies, and we, therefore, dismiss the appeal with costs.


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