1. The regular Court had no jurisdiction. The suit for a small amount of money was certainly triable by a Court of Small Causes. The lower appellate Court was of opinion that the case was one of mischief, if not of theft and, therefore, barred from the jurisdiction of the Court of Small Causes under Article 35(ii), Sch. 2 of the Act. No criminal Court would countenance such a charge.
2. A branch of a joint tree is alleged to have been cut and the plaintiffs have sued for their share of the price. The second reason given by the lower appellate Court is that a question of title is involved. That matter, however, is for the Court, of Small Causes to decide under S. 23 of the Act. If the Court. Small Causes so desires he may ??? the plain.
3. I set aside the decrees of the ??? ordinate Courts and direct the two ??? to return the plaint to the ??? Court presentation to the ??? plaintiffs for defendants raised the ??? Court. The in the lower appellant ??? of jurisdiction Court, so they ??? Court and in this these two ??? receive their costs of costs will ???. In the trial Courts.
R.M/R.K
4. Decree set aside.