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Venkatagiri Raja Vs. Venkat Rau - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad243
AppellantVenkatagiri Raja
RespondentVenkat Rau
Excerpt:
provincial small cause courts act - act ix of 1887, schedule ii, articles 11 and 13--suit for jodi. - 1. we do not agree with the district munsif in holding that 'jodi' is a cess or due of the kind referred to in schedule ii, article 13 of the provincial small cause courts act. the general word 'dues' in that article must be taken to be dues similar in kind to the special dues mentioned in the article. in the present case the claim is for 'jodi' which is rent on favourable terms. article 11 of schedule ii has no application whatever.2. the claim was, therefore, cognizable by the small cause court.3. we set aside the order and direct the district munsif to receive the plaint and dispose of it according to law. costs will abide and follow the result.
Judgment:

1. We do not agree with the District Munsif in holding that 'jodi' is a cess or due of the kind referred to in schedule II, Article 13 of the Provincial Small Cause Courts Act. The general word 'dues' in that article must be taken to be dues similar in kind to the special dues mentioned in the article. In the present case the claim is for 'jodi' which is rent on favourable terms. Article 11 of Schedule II has no application whatever.

2. The claim was, therefore, cognizable by the Small Cause Court.

3. We set aside the order and direct the District Munsif to receive the plaint and dispose of it according to law. Costs will abide and follow the result.


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