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Giddayya Vs. Jagannatha Rau - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1898)ILR21Mad363
AppellantGiddayya
RespondentJagannatha Rau
Excerpt:
village courts act (madras) - act i of 1889, section 73--power of district munsif on revision. - 1. the district munsif has treated the matter as an appeal and has exceeded his jurisdiction, which, by section 73 of the village courts act, 1889, is confined to the revision of village courts' proceedings on the grounds there specified, on none of which did his judgment in this case proceed. his judgment in this case is on the appreciation of evidence as if it were an anneal.2. we must allow this petition and reverse the order of the district munsif and restore the decree of the village munsif with costs in this and in the district mnnsifs court.
Judgment:

1. The District Munsif has treated the matter as an appeal and has exceeded his jurisdiction, which, by Section 73 of the Village Courts Act, 1889, is confined to the revision of village courts' proceedings on the grounds there specified, on none of which did his judgment in this case proceed. His judgment in this case is on the appreciation of evidence as if it were an anneal.

2. We must allow this petition and reverse the order of the District Munsif and restore the decree of the Village Munsif with costs in this and in the District Mnnsifs Court.


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