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1958 Supreme(Mad) 93

RAMASWAMI GOUNDER
Mahaboo Bivi Ammal – Appellant
Versus
A. M. M. Abdul Hameed – Respondent


Advocates:
M. M. Ismail, for Petitioner.
T. S. Kuppuswami Ayyar and The Additional Government Pleader (K. Veeraswami), for Respondent.

Judgment

This Civil Revision Petition is filed against the order of the learned District Judge, East Tanjore at Nagapattinam, in C.M.A. No. 7 of 1957 reversing the decree and judgment of the learned District Munsif in O.S. No. 278 of 1956.

The dispute in the case relates to a trust property called Ponnammal samadhi trust and the plaintiff-appellant filed a suit for possession of the plaint-mentioned properties with past mesne profits and future mesne profits against the first defendant that he is entitled to act as trustee of the trust. The contention of the first defendant, among other things, was that the suit was beyond the pecuniary jurisdiction of the learned District Munsif. The learned District Munsif upheld this contention and directed the presentation of the plaint to the proper Court having jurisdiction to try the suit. In appeal the learned District Judge came to an opposite conclusion, viz., that the value of the subject-matter of the suit was within the pecuniary jurisdiction of the District Munsif and he, therefore, directed the District Munsif to take the plaint and restore it to its original number and to dispose the suit according to law.

The short point for determina
















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