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1957 Supreme(Online)(Mad) 2

MADRAS HIGH COURT
Not Mentioned, J
In re Ramaswami Mudaliar


1 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 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 this decree that this revision has been filed by the defendant

2 The point, that is raised before me, is that the Small Cause Court has no jurisdiction, because under Art.11 of the 2nd schedule of the Provincial Small Cause Courts Act , 9 of 1887, the Small Cause court has no jurisdiction to entertain a suit of this nature. Art.11 of the 2nd schedule is as follows:
"A suit for the determination or enforcement of any other right to or, interest in immoveable 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 immoveahle property. The right has been enforced and determined

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