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Chilukuri Sitaramayya and ors. and Vs. Sri Rajah Venkata Rangayya Appa Rao Bahadur Zemindar Garu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported inAIR1916Mad1008(2); 31Ind.Cas.871
AppellantChilukuri Sitaramayya and ors. And; Chella Seshachalam and anr.
RespondentSri Rajah Venkata Rangayya Appa Rao Bahadur Zemindar Garu
Cases Referred and Harischandra Deo v. Narayana
Excerpt:
provincial small cause courts act (ix of 1887), schedule ii, clause 7 - suit for enhanced kattubadi, whether cognizable by court of small causes--second appeal. - 1. in these second appeals, the plaintiff claims enhanced kattubadi on the ground that the defendant has committed default in the payment of the money rate. this is not a suit to enhance the rent under clause 7 of the second schedule of the provincial small cause courts act. in such suits there will be a claim for a declaration that in all years to come the rate payable should be enhanced. following mullapudi balakrishnayya v. venkatanarasimha appa rao 19 m.p 329, gajapati rajah v. suryanarayana 22 m.p 11 and harischandra deo v. narayana 24 m.p 508 : at p. 511 we hold that no second appeal lies in these cases, as the amount of the claim in each case is below 500 rupees. these secoud appeals are dismissed with costs.
Judgment:

1. In these second appeals, the plaintiff claims enhanced kattubadi on the ground that the defendant has committed default in the payment of the money rate. This is not a suit to enhance the rent under Clause 7 of the second Schedule of the Provincial Small Cause Courts Act. In such suits there will be a claim for a declaration that in all years to come the rate payable should be enhanced. Following Mullapudi Balakrishnayya v. Venkatanarasimha Appa Rao 19 M.P 329, Gajapati Rajah v. Suryanarayana 22 M.P 11 and Harischandra Deo v. Narayana 24 M.P 508 : at p. 511 we hold that no second appeal lies in these cases, as the amount of the claim in each case is below 500 rupees. These secoud appeals are dismissed with costs.


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