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Chidambram Pillai and anr. Vs. Sabapathi Pillai - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1896)6MLJ231
AppellantChidambram Pillai and anr.
RespondentSabapathi Pillai
Cases ReferredPaidal Kidavu v. Parakal Imbichunni Kidavu
Excerpt:
- .....that it was denied for the first time in the written statement is immaterial, the decisions in 2 madras series abdulla rawutan v. subbarayar i.l.r. (1878) m. 346 madras series are not in point, inasmuch as in those cases, the right to demand rent was admitted though the precise nature of the holding was disputed. this case is governed by 2 m.h.c.e. 109, and by i.l.e. 9 b. 527. we dismiss the second appeal with costs.note.--see also baba v. visvanath joshi i.l.r. 8 b. 228, in which it was held on the authority of vivian v. moat l.r. 16 oh. 730, that a tenant denying his landlord's title in the course of the suit is not allowed to plead that he is entitled to notice. woodfall's landlord and tenant, 9th ed; p. 325, doed trustees of the bedford charity v. payne 7 q.b. 287. per contra. see.....
Judgment:

1. In this case the landlord's title was denied; -and the circumstance that it was denied for the first time in the written statement is immaterial, The decisions in 2 Madras series Abdulla Rawutan v. Subbarayar I.L.R. (1878) M. 346 Madras series are not in point, inasmuch as in those cases, the right to demand rent was admitted though the precise nature of the holding was disputed. This case is governed by 2 M.H.C.E. 109, and by I.L.E. 9 B. 527. We dismiss the second appeal with costs.

NOTE.--See also Baba v. Visvanath Joshi I.L.R. 8 B. 228, in which it was held on the authority of Vivian v. Moat L.R. 16 Oh. 730, that a tenant denying his landlord's title in the course of the suit is not allowed to plead that he is entitled to notice. Woodfall's Landlord and Tenant, 9th Ed; p. 325, Doed Trustees of the Bedford Charity v. Payne 7 Q.B. 287. Per contra. See Kali Krishna Tagore v. Golam Ally I.L.R. 13 0. 218. Paidal Kidavu v. Parakal Imbichunni Kidavu 1 M.H.G. R 13.


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