Chilukuri Sitaramayya v. Sri Rajah Venkata Rangayya Appa
1915-07-29
NAPIER, S.AIYAR
body1915
DigiLaw.ai
JUDGMENT 1. In these second appeals, the plaintiff claims enhanced kattubadi on the ground that the defendant has committed default in the payment of the money rate. This is not a suit to enhance the rent under Clause 7 of the second Schedule of the Provincial Small Cause Courts Act. In such suits there will be a claim for a declaration that in all years to come the rate payable should be enhanced. Following Mullapudi Balakrishnayya v. Venkatanarasimha Appa Rao 19 M. 329, Gajapati Rajah v. Suryanarayana 22 M. 11 and Harischandra Deo v. Narayana 24 M. 508 : at p. 511 we hold that no second appeal lies in these cases, as the amount of the claim in each case is below 500 rupees. These second appeals are dismissed with costs.