Madras High Court
Tirupati Raju vs Vissam Raju And Anr. on 1 December, 1896
Equivalent citations: (1897)ILR 20MAD155
JUDGMENT
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.