High CourtsDivision Bench(1896) 12 MAD CK 0008

Tirupati Raju vs Vissam Raju and Another

Madras High Court · Decided on 1 December 1896 · Citation: (1897) ILR (Mad) 155

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

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Judgment

7 paragraphs · 171 words
1.

The Collector having done all that he could do under the Land Acquisition Act was not, in our opinion, precluded from bringing this suit in an

ordinary Civil Court, there being no prohibition by any enactment against his doing so. The next question is whether the suit should have been

brought in a Small Cause Court, assuming that there was one having jurisdiction up to Rs. 500, which appears not to have been the case. Having

regard to Article 14 of the second schedule of the Provincial Small Cause Courts Act, which excludes suits for the recovery of compensation paid

under the Land Acquisition Act from the small cause jurisdiction, we think the present, which is a substantially similar suit, did not lie in the Small

Cause Court, as it involved, not incidentally but necessarily, the determination of a title to land, and would consequently fall under Article 11. In this

view, a second appeal lay, and a petition for revision is not admissible. It is accordingly dismissed with costs.