High CourtsSingle Bench(1929) 04 MAD CK 0003

Gudipati Seshamma vs Kunchanapalli Butchiraju and Others

Madras High Court · Decided on 9 April 1929 · Citation: 120 Ind. Cas. 370

HON’BLE JUDGES
Anantakrishna Iyer, J

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Judgment

7 paragraphs · 142 words

Anantakrishna Iyer, J.—The plaint was filed in the Small Cause Court, as one for money due for use and occupation on the ground of

permissive possession. The plaint was returned by the Small Cause Court u/s 23 of the Provincial Small Gauss Courts Act as a question of title

was involved. In these circumstances, I think that on a proper construction of the plaint (reading para. 6 with the other parts of the plaint) that no

second appeal lies in this case. See Mikkili Ankaya Vs. Alaparti Rattamma, . The second appeal is accordingly dismissed with costs.

2.

I am asked to convert this second appeal into a revision petition, but in the circumstances, I do not find any ground on which I could interfere in

revision.

3.

I do not find any ground for granting leave to appeal in this case.