High CourtsDivision Bench(1893) 08 MAD CK 0004

Venkata Reddi vs W. Taylor

Madras High Court · Decided on 21 August 1893 · Citation: (1894) ILR (Mad) 100

HON’BLE JUDGES
Muttusami Ayyar, J · Best, J

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Judgment

10 paragraphs · 218 words
1.

The preliminary objection is taken that the petitioner''s remedy is exhausted by the order passed by Mr. Justice Parker u/s 25 of the Small

Cause Courts Act, from which it is contended no appeal is allowable by reason of Section 27, which declares the decrees or orders of the Small

Cause Court to be final, subject to the provisions of that Act. We observe that the revision contemplated in Section 25 is by the '' High Court''.

Mr. Justice Parker exercised such revisional jurisdiction under the rules of this Court framed u/s 13 of the Charter Act. The judgment is, therefore,

subject to the appeal provided by Section 15 of the Letters Patent.

2.

The preliminary objection must consequently be disallowed.

3.

Passing on to the merits, have see no reason to differ from the learned Judge in holding that any person who makes it his business to sell for

profit is a ""trader"" within the meaning of the Municipal Act IV of 1884. We do not think the fact of what he sells being the produce of his own land

makes him the less a trader, provided the sales are conducted in a shop or place of business as in this case. The other point is not pressed. The

appeal fails and is dismissed with costs.