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Sri Mahant Prayaga Doss Jeevaru Vs. Pachella Doraiswami Iyengar and anr. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in92Ind.Cas.899
AppellantSri Mahant Prayaga Doss Jeevaru
RespondentPachella Doraiswami Iyengar and anr.
Excerpt:
provincial small cause, courts act (ix of 1887), section 23 - suit involving question of title, whether of small cause nature. - 1. the only point urged in this appeal is that the suit is of a small cause nature and no second appeal lay inasmuch as the amount of the claim was less than rs. 500. it is urged that when the objection was taken before the learned judge who decided the second appeal, he overruled it. we consider the learned judge is perfectly right in overruling the objection as the main issue in the case related to the question of title. no doubt a small cause court is entitled to decide a question of title if it arises incidentally. but where the plaint and the written statement show that the issue to be fought out and decided is one of title, we think the suit cannot be considered to be one of small cause nature.2. there is no other point raised in this appeal. the appeal is dismissed with costs.
Judgment:

1. The only point urged in this appeal is that the suit is of a small cause nature and no second appeal lay inasmuch as the amount of the claim was less than Rs. 500. It is urged that when the objection was taken before the learned Judge who decided the second appeal, he overruled it. We consider the learned Judge is perfectly right in overruling the objection as the main issue in the case related to the question of title. No doubt a Small Cause Court is entitled to decide a question of title if it arises incidentally. But where the plaint and the written statement show that the issue to be fought out and decided is one of title, we think the suit cannot be considered to be one of small cause nature.

2. There is no other point raised in this appeal. The appeal is dismissed with costs.


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