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Sooriyan Muthirian Vs. Natesam Pillai Alias Marudai Pillai - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in25Ind.Cas.44
AppellantSooriyan Muthirian
RespondentNatesam Pillai Alias Marudai Pillai
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 35(i) - contract to allow plaintiff to drain plaintiff's land--breach of contract--damages--jurisdiction. - .....j.1. the defendant's case is that this suit is not maintainable on the small cause side. the suit is on a contract between the plaintiff and the defendant ant. the defendant agreed to allow the plaintiff to drain the water from his field into defendant's land, and received rs. 3 as consideration for the permission and the defendant broke the contract and refused to allow the water of the plaintiff to be taken into defendant's lands. article 35 (i) has no application to such a case. this is not a case of easement nor is it a case of diverting the water-course. it is a pure case of contract which has been broken by the, action of the defendant and he is bound to pay damages. the petitioner's vakil does not question the quantum of damages awarded in this case. i dismiss the petition.....
Judgment:

Seshagiri Aiyar, J.

1. The defendant's case is that this suit is not maintainable on the Small Cause side. The suit is on a contract between the plaintiff and the defendant ant. The defendant agreed to allow the plaintiff to drain the water from his field into defendant's land, and received Rs. 3 as consideration for the permission and the defendant broke the contract and refused to allow the water of the plaintiff to be taken into defendant's lands. Article 35 (i) has no application to such a case. This is not a case of easement nor is it a case of diverting the water-course. It is a pure case of contract which has been broken by the, action of the defendant and he is bound to pay damages. The petitioner's Vakil does not question the quantum of damages awarded in this case. I dismiss the petition with costs.


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