High CourtsDivision Bench(1897) 12 MAD CK 0007

Krishnayyar vs Soundararaja Ayyangar

Madras High Court · Decided on 15 December 1897 · Citation: (1898) ILR (Mad) 245

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

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Judgment

5 paragraphs · 120 words
1.

A person like the defendant in the present case holding the office of manager of a temple, though he possesses no hereditary right and is subject

to the superintendence of a committee appointed under Act XX of 1863, has been held to be a trustee Sethu v. Subramanya ILR 11 Mad. 274 .

A claim against such a person for damages said to have been caused by his neglect in the discharge of his duties as manager must, therefore, be

held to be a suit relating to a trust falling under Article 19 of the Provincial Small Cause Courts'' Act.

2.

The answer to the question submitted is that the suit is not cognizable by a Small Cause Court.