VENKATARAMANUJA REDDIAR Vs. SUBBARAYA PILLAI

JUDGEMENT

(1.) A preliminary objection is taken that the suit is really one for damages, and as such one of a nature cognizable by a Court of Small Causes and that no second appeal lies, the claim being for less than Rs. 500. We think the objection is well-founded. The prayer for possession of the land is a futile one, that could not possibly be given effect to, as the land is in possession of third parties, who have already as stated in the plaint established their right to possession as against the plaintiff. We must dismiss the second appeal with costs.