GADIGEYA ADIVEYA HIREMATH Vs. BASAYA MALLAYA RAPATI

JUDGEMENT

(1.) This was a suit brought by the appellant to obtain a declaration that he was entitled to the fees and privileges appertaining to the Hiremath at Kamalapur by reason of his title to be called the Ayya of that Hiremath, and he asked for a perpetual injunction to restrain the defendants from using the name Ayya of Hiremath . The Subordinate Judge, First Class, at Dharwar, who tried the suit, raised several issues, the first of which was:" Whether the matter in dispute in this suit cannot be adjudicated upon by a Civil Court", His finding upon that point was that the subject matter could " be adjudicated upon excepting as regards the declaration about the privileges and dignities attached to the Hiremath". He held that, so far as those privileges and dignities were concerned, the question raised was one relating to " caste" within the meaning of the Bombay Regulation II of 1827, section 11.

(2.) In the appeal Court the learned Assistant Judge disposed of the case on the following issue: Whether the plaintiff was entitled to the office of Ayya of Hiremath at Kamalapur. His finding on the evidence, on that issue, was in the negative. He held upon the evidence that the plaintiff had not proved an exclusive right to the name claimed by him.

(3.) Before us Mr. Jayakar in support of the second appeal contends that the ,issue raised and decided by the Assistant Judge had not been raised in the Court of first instance; and that the suit, having been brought by the plaintiff owing to the usurpation by the defendant of a name to which the plaintiff alleged he had an exclusive right, fell within the jurisdiction of the Court under the well known principle of law that an unauthorized. ed use of the name of one person by another gives a cause of action, to the former, where the use is calculated to deceive and inflict pecuniary loss.