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Kamatchi Ammal Vs. Agilandammal and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty;Civil
CourtChennai
Decided On
Judge
Reported in(1883)ILR6Mad334
AppellantKamatchi Ammal
RespondentAgilandammal and ors.
Excerpt:
jurisdiction - hereditary office--enfranchised inam--regulation vi of 1831--madras act iv of 1866. - .....to hereditary village or other offices in the revenue or police departments, and prohibited the civil courts from entertaining such claims. that prohibition has not been removed, and, although the enfranchisement of inam lands restores the jurisdiction of the courts over the enfranchised lands, it does not authorize the courts to call in question decisions already passed by revenue officers, under the provisions of regulation vi, prior to the enfranchisement. the order of mr. barlow passed in 1876 was intended to be a decision of the claim made by the appellant, who should have presented an appeal from it; until he had obtained the office he was not entitled to the emoluments, and, as the emoluments were severed from the office before he obtained a recognition of his right to the.....
Judgment:

Charles A. Turner, Kt., C.J.

1. Regulation VI of 1831 reserved to the Revenue authorities the decision of all claims to hereditary village or other offices in the Revenue or Police Departments, and prohibited the Civil Courts from entertaining such claims. That prohibition has not been removed, and, although the enfranchisement of Inam lands restores the jurisdiction of the Courts over the enfranchised lands, it does not authorize the Courts to call in question decisions already passed by Revenue Officers, under the provisions of Regulation VI, prior to the enfranchisement. The order of Mr. Barlow passed in 1876 was intended to be a decision of the claim made by the appellant, who should have presented an appeal from it; until he had obtained the office he was not entitled to the emoluments, and, as the emoluments were severed from the office before he obtained a recognition of his right to the office, the Civil Court cannot award them to him.

2. The appeal fails and is dismissed with costs.


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