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(Gudipati) Seshamma Vs. (Kunchanapalli) Butchiraju and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1929Mad781
Appellant(Gudipati) Seshamma
Respondent(Kunchanapalli) Butchiraju and ors.
Cases ReferredM. Ankaya v. A. Rattamma
Excerpt:
- anantakrishna ayyar, j.1. the plaint was filed in the small cause court, as one for money due for use and occupation on the ground of permissive possession. the plaint was returned by the small cause court under section 23, provincial small cause courts act as a question of title was involved. in these circumstances. i think that on a proper construction of the plaint (reading para. 6 with the other parts of the plaint)' no second appeal lies in this case : see m. ankaya v. a. rattamma : air1926mad622 . the second appeal is accordingly dismissed with costs.2. i am asked to convert this second appeal into a revision petition, but in the circumstances, i do not find any ground on which i could interfere in revision.3. i do not find any ground for granting leave to appeal in this case.
Judgment:

Anantakrishna Ayyar, J.

1. The plaint was filed in the Small Cause Court, as one for money due for use and occupation on the ground of permissive possession. The plaint was returned by the Small Cause Court under Section 23, Provincial Small Cause Courts Act as a question of title was involved. In these circumstances. I think that on a proper construction of the plaint (reading para. 6 with the other parts of the plaint)' no second appeal lies in this case : see M. Ankaya v. A. Rattamma : AIR1926Mad622 . The second appeal is accordingly dismissed with costs.

2. I am asked to convert this second appeal into a revision petition, but in the circumstances, I do not find any ground on which I could interfere in revision.

3. I do not find any ground for granting leave to appeal in this case.


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