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B.M. Venkatappa Nayanivaru Vs. Rami Reddi and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in17Ind.Cas.39
AppellantB.M. Venkatappa Nayanivaru
RespondentRami Reddi and ors.
Cases ReferredSee Narayanaswamy Naidu v. Vencata Subaraydu
Excerpt:
inamdar, suit against, by proprietor of estate for jodi and fasli jasti - small cause suit--jurisdiction of revenue court. - .....it is not, therefore, based on the relationship between the plaintiff and defendant as landlord and ryot. the claim is against the person who himself possesses an interest in the malvaram. the suit was, therefore, not triable in a revenue court and was rightly instituted in the district munsif's court on the small cause side. see narayanaswamy naidu v. vencata subaraydu 9 m.l.t. 315. we reverse the order of lower court and direct that the plaint be restored to the file and the suit disposed of according to law. costs will abide the result.
Judgment:

1. This is a petition to revise the order of the District Munsif of Chettur in a Small Cause suit filed by the proprietor of an estate against an inamdar. The plaintiff claims to recover a sum of Rs. 2-11-9. It appears from the plaint that the amount is made up of jodi and fasli jasti. The claim is made against the defendant on the ground that he is bound to pay it as inamdar. It is not, therefore, based on the relationship between the plaintiff and defendant as landlord and ryot. The claim is against the person who himself possesses an interest in the malvaram. The suit was, therefore, not triable in a Revenue Court and was rightly instituted in the District Munsif's Court on the Small Cause side. See Narayanaswamy Naidu v. Vencata Subaraydu 9 M.L.T. 315. We reverse the order of lower Court and direct that the plaint be restored to the file and the suit disposed of according to law. Costs will abide the result.


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