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Subraya Acharya Vs. Kesava Upadhaya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad691; 31Ind.Cas.206
AppellantSubraya Acharya
RespondentKesava Upadhaya
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, article 13 - suit to recover dues of hereditary office--jurisdiction. - .....amount which was alleged to be due to the plaintiff as the dues of his office, which he says is a hereditary office. the defendant admitted that the plaintiff was entitled to the sum which he sued for, but claimed to make a reduction of rs. 4 on account of a fine which he said he had imposed on the plaintiff. the lower court found that this fine was not proved to have been properly imposed on the plaintiff. i am obliged to allow the objection taken here, that the suit was one which a small cause court had no jurisdiction to try. article 13 of the second schedule to the provincial small cause courts act includes a case of this kind. i, therefore, reverse the decree of the lower court to the extent of rs. 4; but inasmuch as this objection was not taken in the first court, i give.....
Judgment:

Srinivasa Aiyangar, J.

1. In this case the petitioner takes the objection that the Small Cause Court had no jurisdiction. The suit was one by a hereditary archaka of a temple to recover from the defendant, the trustee, an amount which was alleged to be due to the plaintiff as the dues of his office, which he says is a hereditary office. The defendant admitted that the plaintiff was entitled to the sum which he sued for, but claimed to make a reduction of Rs. 4 on account of a fine which he said he had imposed on the plaintiff. The lower Court found that this fine was not proved to have been properly imposed on the plaintiff. I am obliged to allow the objection taken here, that the suit was one which a Small Cause Court had no jurisdiction to try. Article 13 of the second Schedule to the Provincial Small Cause Courts Act includes a case of this kind. I, therefore, reverse the decree of the lower Court to the extent of Rs. 4; but inasmuch as this objection was not taken in the first Court, I give petitioner no costs either here or in the lower Court.


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