102-NLR-NLR-V-49-VALLIAMMAI-Appellant-and-KANDIAH-et-al.-Respondents.pdf
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HOWARD C.J.— Valiiammai v. Kandiah.
1948Present : Howard C.J.
VAliLIAMMAI, Appellant, and KANDIAH et al.y Respondents.
S.C. 209—C. R. Point Pedro, 380.
Village Tribunals—Exclusive jurisdiction—Dispute as to immovable property—Ordinance No. 12 of 1945, Sections 12 and 19.
Section 19 (1) of the Village Tribunals Ordinance, No. 12 of 1945, takesaway from a Village Tribunal the exclusive jurisdiction conferred by section 12if the case is one in which the title to or interest in or right to the possessionof any land or immovable property is in dispute.
Appeal from a judgment of the Commissioner of Requests,Point Pedro.
H. IV. Tambiah, with S. Sharvananda, for the plaintiff, appellant.
Joseph, for the defendants, respondents.
April 22, 1948. Howaed C.J.—
In this case I cannot agree with the interpretation which thelearned Commissioner has placed on sections 12 and 19(1) of the
Village Tribunals Ordinance, No. 12 of 1945. Section 12 is wordedas follows :—
“ Subject to any special provision relating to jurisdictioncontained in this or any other Ordinance, the jurisdiction con-ferred by this Ordinance on Village Tribunals shall be exclusive,and cases within that jurisdiction shall not be entertained, triedor determined by any court extablished under the provisions ofthe Courts Ordinance. ”
Section 19 (1) is worded as follows :—
“ The jurisdiction of a Village Tribunal to try any case inwhich the title to or interest in or right to the possession of anyland or immovable property is in dispute shall not be exclusivenotwithstanding that the value of the land or immovable propertyor the particular share, right or interest in dispute does notexceed one hundred rupees. ”
The words “ shall not be exclusive ” are quite clear and it isobvious that the jurisdiction of Village Tribunals in particular casesis not exclusive. It has been argued that all the sub-sections ofsection 19 should be read together. I do not think that this makesany difference to the interpretation which I have placed on this section.The remaining sub-sections 2, 3 and 4 of section 19 make provisionin a case where the Village Tribunal is asked by the plaintiff toexercise its jurisdiction where the value of the land or immovableproperty or the particular share, right or interest in dispute doesnot exceed one hundred rupees.
For the reasons I have given the order of the Commissioner is setaside and the case will be remitted for hearing. The appellant willhave the costs of this appeal.
Appeal allowed.