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Judgment
The suit is of a nature cognizable by a Court of Small Causes, although the Distict Munsiff acting u/s 23 of Act IX of 1887, very rightly directed
that the plaint should be presented to the court, having jurisdiction to determine a question of title, which arose in the suit. The defendant has had
the benefit of an appeal upon the facts. But the High Court is precluded by the terms of Section 586, C.P. C, from entertaining a second appeal.
The second appeal must be dismissed with costs.
NOTE--In S. A, No. 233 of 1890, the Madras High Court held that where a rent suit was filed for less than Rs. 500 (before the Government
notification authorising small Cause Courts to try rent suits) in a Munsiif''s Court as a regular suit, but before the suit was decided in the original
court and in the first Appellate Court, the notification was issued no second appeal would lie, to the High Court, the suit being of a Small Cause
nature when the second appeal was presented.