High CourtsDivision Bench(1929) 04 MAD CK 0072

(Gudipati) Seshamma vs (Kunchanapalli) Butchiraju and Others

Madras High Court · Decided on 9 April 1929 · Citation: AIR 1929 Mad 781

HON’BLE JUDGES
Anantakrishna Ayyar, J · Anantakrishna Aiyar, J

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Judgment

3 paragraphs · 140 words

Anantakrishna Ayyar, 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, Provincial Small Cause 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)'' 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.