This is a revision against the decree passed by the Subordinate Judge of Cuddalore in S.C.S. No. 251 of 1955. The suit was for recovery of damages being the price paid for the purchase of property from the defendant, as he had been dispossessed by the rightful claimant, the claim being recognised by a decree of Court. This is a plain and simple suit for damages and the lower Court has given a decree in favour of the plaintiff. It is against that decree that this revision has been filed by the defendant.

The point that is raised before me, is that the Small Cause Court has no jurisdiction, because under Article 11 of the Second Schedule of the Provincial Small Cause Courts Act, IX of 1887, the Small Cause Court has no jurisdiction to entertain a suit of this nature. Article 11 of the Second Schedule is as follows:

“A suit for the determination or enforcement of any other right to or interest in immovable property”.

In plain language the suit must be one to determine the right or to enforce the right or interest in any immoveable property. In this suit there is no prayer to determine the right or enforce the right or interest in any immovable property. The right has been enforce