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Savarimuthu and ors. Vs. Aithurusu Rowthar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad103
AppellantSavarimuthu and ors.
RespondentAithurusu Rowthar
Excerpt:
provincial small cause courts act - act ix of 1887, schedule ii, article 31--jurisdiction--dispossession of plaintiff from immoveable property by defendant under decree--receipt by defendant of profits--decree reversed on appeal--suit by plaintiff to recover profits wrongfully received by defendant while in possession--suit not cognizable by small cause court. - 1. we are of opinion that a suit for the profits of immoveable property belonging to the plaintiff which have been wrongfully received by the defendant who dispossessed the plaintiff in execution of a decree afterwards set aside on appeal is not cognizable by a court of small causes.
Judgment:

1. We are of opinion that a suit for the profits of immoveable property belonging to the plaintiff which have been wrongfully received by the defendant who dispossessed the plaintiff in execution of a decree afterwards set aside on appeal is not cognizable by a Court of Small Causes.


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