NARANAPPA ALIAS BUCHANNA Vs. VENKATARAMAN

JUDGEMENT

(1.) A preliminary objection is taken that no second appeal lies as the case is of a small cause nature.

(2.) Though the case was tried on the regular side, as it involved a question of title, it is not the less a suit of small cause nature. See Muthukaruppan v. Sellan 15 M. 98.

(3.) An objection striking at the root of the jurisdiction of the lower Courts has, however, been taken by the appellants Pleader. He argues that the suit should have been filed in a Revenue Court to obtain damages under Section 213 of the Madras Estates Land Act, This section provides for suits being filed for damages before the Collector by persons deeming themselves aggrieved by proceedings taken under colour of this Act or by neglect or breach of any of its provisions.