MAHARANA SHRI DAVLAT SINGHJI Vs. KHACHAR HAMIR MON

JUDGEMENT

(1.) The plaintiff in this case sued the defendants for Rs. 12-11-6 representing his share in the produce of certain immovable property of the value of Rs. 45-0-9 which was collected and lawfully received by the defendant No. 1 in the Samvat year 1957 but which in accordance with the practice of previous years it was his duty to distribute partly to the plaintiff.

(2.) The case is in all respects similar to that of Damodar Gopal Dikshit v. Chintaman Balkrishna Karve 17 B. 42.

(3.) It is a suit for money had and received to the plaintiff's use. It does not fall under Clause (4), Schedule II of Act IX of 1837, in that it is not a suit for possession of immovable property or for recovery of an interest in such property, nor does it fall within Clause (31) because it is not alleged that the produce was unlawfully received by the defendant. That being so the suit was cognizable by the Court of Small Causes.