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Kondapati Ayyappa Vs. Sree Raja Dantaluri Venkatakrishnamarazu, Zamindar Garu, Being Minor by His Mother Guardian Sree Raja Dantaluri Rangayya Garu - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1892)2MLJ219
AppellantKondapati Ayyappa
RespondentSree Raja Dantaluri Venkatakrishnamarazu, Zamindar Garu, Being Minor by His Mother Guardian Sree Raj
Cases ReferredSubbu v. Vasanthappan I. L.
Excerpt:
- 1. we think that the acting district judge was right in holding that the plaintiff as the registered zamindar had a right under act viii of 1865 to compel defendant to accept a patta. the decision in c v. virappa, i. l. r 5 m 145 is an authority for the proposition that in a zamindari the only zamindar is the registered zamindar and we do not think that (sic) this point the authority of that decision has been shaken by one case in subbu v. vasanthappan i. l. r 8 m 351. in a zamindari the only landholder entitled to proceed under act viii of 1865 against the tenants of the zamindari must be the zamindar and the only zamindar for the time being is the registered zamindar.2. we dismiss this second appeal with costs.
Judgment:

1. We think that the Acting District Judge was right in holding that the plaintiff as the registered Zamindar had a right under Act VIII of 1865 to compel defendant to accept a patta. The decision in c v. Virappa, I. L. R 5 M 145 is an authority for the proposition that in a Zamindari the only Zamindar is the registered Zamindar and we do not think that (Sic) this point the authority of that decision has been shaken by one case in Subbu v. Vasanthappan I. L. R 8 M 351. In a Zamindari the only landholder entitled to proceed under Act VIII of 1865 against the tenants of the Zamindari must be the Zamindar and the only Zamindar for the time being is the registered Zamindar.

2. We dismiss this second appeal with costs.


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