K GOVINDARAJA MUDALIAR Vs. RAJASUNDARESA MUDALIAR

JUDGEMENT

(1.) PLAINTIFF in O.S. No.788 of 1983 on the file of the Court of Additional District Munsif, Kancheepuram, has filed the above appeal against the order of remand passed by the learned Subordinate Judge, by setting aside the judgment and decree of the learned trial Judge and remanding the matter with a further direction to the learned trial Judge to forward the papers pertaining to the suit to the concerned and proper court having jurisdiction to try the same in accordance with law.

(2.) THE suit O.S. No.788 of 1983 was filed for a declaration that he is the special custodian of the suit trust properties and for ensuring his right to be in possession and the physical possession of the properties. THE plaintiff himself has given the valuation of the properties as Rs.40,000 in the plaint, but yet, has chosen to present the suit before the District Munsif's Court, in view of the fact that it relates to merely a claim pertaining to a trust created over the properties. THE defendants contested the claim both on merits as also on the maintainability of the suit before the trial court for want of pecuniary jurisdiction in the said court to entertain and try the suit.

(3.) MR.Sampathkumar, learned counsel appearing for the appellant, contended that when the very appellate Judge, has the original jurisdiction over the subject matter in question, there was hardly any justification for him to remit the matter to the file of the trial court and that the first appellate court ought to have decided the case on merits, instead of seeking for proper presentation and re-trial.