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1940 Supreme(Mad) 174

WADSWORTH
Sri Rajah Nayani Venkata Ranga Rao Bahadur Zamindar Garu – Appellant
Versus
Sri Rajah Tadakamalla Sita Ramachandra Rao Bahadur Zamindar Garu – Respondent


JUDGMENT

Wadsworth, J.

1. This revision petition arises out of an order giving findings on three preliminary issues in a suit for an in-juaction restraining the defendant from doing certain acts with reference to his tanks over which the plaintiff claims a right of easement. The three issues are as follows:<

1. Whether the suit claim is not cognizable and triable by the municipal Courts and whether the same is determinable only by treaty between the British Government and H. E. H. the Nizams Government.

2. Whether any cause of action arose within the territorial jurisdiction of this Court and whether this Court has jurisdiction.

3. Whether the reliefs are properly valued for purposes of jurisdiction and has this Court pecuniary jurisdiction to try this suit.

2. In order to determine these issues, it is necessary first to have a clear idea of the true nature of the plaint. The plaint as originally framed sought an injunction restraining the defendant from diverting the water flowing out of his tanks and from increasing the full tank level of those tanks, an injunction restraining him from diverting water to a newly dug channel, an injunction restraining him from closing the surplus weirs















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