Ramaiyar and Another vs P.S. Samimatha Ayyar and Others

The only point for decision is whether the suit is exempted from the jurisdiction of a Small Cause Court by reason of Article 31 of schedule II of

Act IX of 1887.

From the plaint it seems to me that the suit must be regarded as one for damages for a single act of trespass, the said damages, being measured

by the landholder''s share of the standing crop to which the plaintiffs were entitled and which the defendants carried away. It is not denied that the

plaintiffs were in possession (under a razinama decree) prior to the trespass and there is no allegation that the defendants remained in possession at

the time of suit.

On this view I consider the ease to be similar to that dealt with in Annamalai v. Subramanyan ILR (1892) Mad. 298 and the suit to be

cognisable by a Small Cause Court. I do not find anything in Savarimuthu v. Aithurusu Rowthar ILR (1902) Mad. 103 incompatible with this. The

first respondent''s vakil refers me to the case of Venkoba Rao Vs. S. Muthu Aiyar, . I do not see how that case can be distinguished from the

present one; but with great respect to the learned Judge who decided it, I think the decision of a divisional Bench in Annamalai v. Subramanyan

ILR (1892) Mad. 298 must be followed in preference, The latter is moreover in accordance with my own view of the true meaning of Article 31.

[Uamodar Gopal Dikshit v. Chintaman Balkrishna Karve ILR (1893) Bom. 42.] has no bearing on the present question.

The Subordinate Judge will he directed to receive the plaint on the Small Cause side and dispose of it according to law. The costs will abide the

result.