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Hammakke Hengsu Vs. Kochappa Rai - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in52Ind.Cas.631
AppellantHammakke Hengsu
RespondentKochappa Rai
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 31 - profits of land, claim for--profits consisting of rent and being fixed sum--jurisdiction of small cause court. - 1. the plaint claims a specific sum as a half share of the profits of land, and does not pray for an account of profits. no issue was raised as to the amount of profits, and apparently they are a fixed sum and probably, therefore, consist of rent. it must be taken, from the course of the proceedings, that the suit was properly framed and that an account was unnecessary to ascertain the profits of the land. the suit, therefore, does not fall within the provincial small cause court act, article 31, and is of a small cause nature and no second appeal lies.2. the second appeal is dismissed with costs.
Judgment:

1. The plaint claims a specific sum as a half share of the profits of land, and does not pray for an account of profits. No issue was raised as to the amount of profits, and apparently they are a fixed sum and probably, therefore, consist of rent. It must be taken, from the course of the proceedings, that the suit was properly framed and that an account was unnecessary to ascertain the profits of the land. The suit, therefore, does not fall within the Provincial Small Cause Court Act, Article 31, and is of a small cause nature and no second appeal lies.

2. The second appeal is dismissed with costs.


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