High CourtsDivision Bench(1901) 01 MAD CK 0008

Karunakarakurup vs Muniperanan and Others

Madras High Court · Decided on 15 January 1901 · Citation: (1901) ILR (Mad) 356

HON’BLE JUDGES
Subrahmania Ayyar, J · Benson, J

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Judgment

6 paragraphs · 117 words
1.

The contract alleged as to some specific liability of the tenants'' improvements for arrears of rent does not appear to be in writing nor is the

allegation in the plaint with regard to it intelligible. In a case like this, if arrears of rent are due on the one aide and value of improvements on the

other, the two items should ordinarily be dealt with as cross-demands arising under the same contract, but give rise to no ground for treating the

suit otherwise than as a suit for rent.

2.

Such suit is therefore triable by a Court of Small Causes.

3.

We therefore direct the suit to be received by the Court of Small Causes.