High CourtsDivision Bench(1926) 03 MAD CK 0002

Sethu Ramaswamy Pillai vs Venkatarama Subbier

Madras High Court · Decided on 29 March 1926 · Citation: AIR 1926 Mad 948 : 97 Ind. Cas. 4 : (1926) 24 LW 211

HON’BLE JUDGES
Spencer, J

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Judgment

7 paragraphs · 156 words

Spencer, J.—The Subordinate Judge of the Small Cause Court found that he had jurisdiction to try this suit for rent. So far as the pleadings

are set out in the judgment (the written statement not having been separately printed), it appears that the defendent did not take the objection that

the land was situated in an "" estate"" as defined in Madras Act I of 1908. Nor did he adduce any evidence to prove that the plaintiff was a person

owning a village which had been granted in inam to a person not owning the kudivaram and that the grant had been recognized by the British

Government.

2.

The mere existence of occupancy rights in the tenants, even if true, will not take away the jurisdiction of the civil Courts to try suits for recovery

of rent. This petition to revise the Small Cause Court''s decree as not being according to law is dismissed with costs.