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1936 Supreme(Mad) 344

CORNISH
G. A. S. Shanmuga Nadar – Appellant
Versus
P. S. P. Kandaswami Nadar – Respondent


JUDGMENT

Cornish, J.

1. The question raised in this Revision Petition is whether the suit is a suit by a landlord against a tenant to recover possession within Section 7, Clause (xi)(cc)of the Court-Fees Act. If it is, the Munsif has jurisdiction to try the suit. But if it is suit governed by Section 7, Clause (v), the suit is beyond the Munsiffs jurisdiction. The plaintiff from Marakaiyar under a registered sale deed; that the defendants tenancy had been terminated by Marakaiyar; and that defendant was holding over in spite of that termination of his tenancy and of the plaintiffs notice to him to quit possession; and the plaintiff prayed that possession of the land be given to him. On the face of the plaint the plaintiff was claiming to be the assignee of the reversion from the defendants lessor, Marakaiyar. If the assignment is valid it follows that the plaintiff is invested with all the rights of his assignor in respect of the tenancy; Section 109, Transfer of Property Act. The relief for which he prays is that as such assignee he may recover possession from the defendant who persists in holding over.

2. It is clear from the plaint and this alone is the test of the nature of the su



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