High CourtsDivision Bench(1915) 07 MAD CK 0033

Chilukuri Sitaramayya and Others and Chella Seshachalam and Another vs Sri Rajah Venkata Rangayya Appa Rao Bahadur Zemindar Garu

Madras High Court · Decided on 29 July 1915 · Citation: AIR 1916 Mad 1008(2) : 31 Ind. Cas. 871

HON’BLE JUDGES
Seshagiri Aiyar, J · Napier, J

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Judgment

1 paragraphs · 131 words
1.

In these second appeals, the plaintiff claims enhanced kattubadi on the ground that the defendant has committed default in the payment of the money rate. This is not a suit to enhance the rent under Clause 7 of the second Schedule of the Provincial Small Cause Courts Act. In such suits there will be a claim for a declaration that in all years to come the rate payable should be enhanced. Following Mullapudi Balakrishnayya v. Venkatanarasimha Appa Rao 19 M.P 329, Gajapati Rajah v. Suryanarayana 22 M.P 11 and Harischandra Deo v. Narayana 24 M.P 508 : at p. 511 we hold that no second appeal lies in these cases, as the amount of the claim in each case is below 500 rupees. These secoud appeals are dismissed with costs.