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Krishnayyar Vs. Soundararaja Ayyangar - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad245
AppellantKrishnayyar
RespondentSoundararaja Ayyangar
Cases ReferredSethu v. Subramanya I.L.R.
Excerpt:
provincial small causes courts act - act ix of 1887, schedule. ii, article 18--suit by temple manager against his predecessor for damage sustained by temple. - - 1. a person like the defendant in the present case holding the office of manager of a temple, though he possesses no hereditary right and is subject to the superintendence of a committee appointed under act xx of 1863, has been held to be a trustee sethu v.1. a person like the defendant in the present case holding the office of manager of a temple, though he possesses no hereditary right and is subject to the superintendence of a committee appointed under act xx of 1863, has been held to be a trustee sethu v. subramanya i.l.r. 11 mad. 274 . a claim against such a person for damages said to have been caused by his neglect in the discharge of his duties as manager must, therefore, be held to be a suit relating to a trust falling under article 19 of the provincial small cause courts' act.2. the answer to the question submitted is that the suit is not cognizable by a small cause court.
Judgment:

1. A person like the defendant in the present case holding the office of manager of a temple, though he possesses no hereditary right and is subject to the superintendence of a committee appointed under Act XX of 1863, has been held to be a trustee Sethu v. Subramanya I.L.R. 11 Mad. 274 . A claim against such a person for damages said to have been caused by his neglect in the discharge of his duties as manager must, therefore, be held to be a suit relating to a trust falling under Article 19 of the Provincial Small Cause Courts' Act.

2. The answer to the question submitted is that the suit is not cognizable by a Small Cause Court.


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