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

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in120Ind.Cas.370
AppellantGudipati Seshamma
RespondentKunchanapalli Butchiraju and ors.
Cases ReferredSee Mikkili Ankaya v. Allaparti Rathamma
Excerpt:
provincial small cause courts act (ix of 1887), section 28 - civil procedure code (act v of 1908), section 102--suit for damages for use and occupation, whether of small cause nature--return under section 23 to regular side, effect of. - .....the plaint was returned by the small cause court under section 23 of the provincial small gauss 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) that no second appeal lies in this case. see mikkili ankaya v. allaparti rathamma : 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 Iyer, 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 of the Provincial Small Gauss 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) that no second appeal lies in this case. See Mikkili Ankaya v. Allaparti Rathamma : 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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