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Veera Raghava Aiyangar and ors. Vs. Vellai Mooppai and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in17Ind.Cas.704; (1912)23MLJ517
AppellantVeera Raghava Aiyangar and ors.
RespondentVellai Mooppai and ors.
Excerpt:
- 1. the preliminary objection is taken that no second appeal lies in this case. we are of opinion that this contention should be upheld. the suit was one merely for recovery of rent. it is contended that the first prayer in the plaint is that the plaintiff's right to the melwaram of the land should be declared; but this can be treated as only incidental tothe prayer for the recovery of rent. the cause of action as stated in paragraph 10 of the plaint is merely the non-payment of rent. no separate court fee was paid for the declaration. there is absolutely nothing anywhere in the plaint to suggest that the prayer for declaration was treated as an independent one. the second appeal is dismissed with costs.
Judgment:

1. The preliminary objection is taken that no second appeal lies in this case. We are of opinion that this contention should be upheld. The suit was one merely for recovery of rent. It is contended that the first prayer in the plaint is that the plaintiff's right to the melwaram of the land should be declared; but this can be treated as only incidental tothe prayer for the recovery of rent. The cause of action as stated in paragraph 10 of the plaint is merely the non-payment of rent. No separate Court fee was paid for the declaration. There is absolutely nothing anywhere in the plaint to suggest that the prayer for declaration was treated as an independent one. The second appeal is dismissed with costs.


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