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T.R.M.T. Subramaniam Chettiar Vs. the Secretary of State for India by the Collector of Ramnad - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported inAIR1916Mad696(2); (1915)28MLJ392
AppellantT.R.M.T. Subramaniam Chettiar
RespondentThe Secretary of State for India by the Collector of Ramnad
Cases ReferredUddupalli Jagannadham v. The Secretary of State
Excerpt:
- - the evidence clearly shows that the suit village was lakiraj or exempt from the payment of revenue at the date of the permanent settlement and that it was excluded from the settlement under section 4 of the regulation 25 of 1802. further it is now admitted that the section 2 of the regulation 31 of 1802 which confirmed certain grants of this kind did not apply to ramnad where the suit village is situated. the inam commissioner in 1864 recommended that the village should be fully assessed, but it was not until february 1910 that effect was given to his recommendation by exhibit a. 2. the case is clearly governed by the decision in uddupalli jagannadham v......in council for a declaration that the government order of the 10th february 1510 directing the suit village to be fully assessed was not valid and for an injunction. the evidence clearly shows that the suit village was lakiraj or exempt from the payment of revenue at the date of the permanent settlement and that it was excluded from the settlement under section 4 of the regulation 25 of 1802. further it is now admitted that the section 2 of the regulation 31 of 1802 which confirmed certain grants of this kind did not apply to ramnad where the suit village is situated. the inam commissioner in 1864 recommended that the village should be fully assessed, but it was not until february 1910 that effect was given to his recommendation by exhibit a.2. the case is clearly governed by the.....
Judgment:

1. This is an appeal from a decree of the Subordinate judge's Court of Ramnad dismissing a suit brought by the plaintiffs against the Secretary of State for India in Council for a declaration that the Government order of the 10th February 1510 directing the suit village to be fully assessed was not valid and for an injunction. The evidence clearly shows that the suit village was lakiraj or exempt from the payment of revenue at the date of the Permanent Settlement and that it was excluded from the settlement under Section 4 of the Regulation 25 of 1802. Further it is now admitted that the Section 2 of the Regulation 31 of 1802 which confirmed certain grants of this kind did not apply to Ramnad where the suit village is situated. The Inam Commissioner in 1864 recommended that the village should be fully assessed, but it was not until February 1910 that effect was given to his recommendation by Exhibit A.

2. The case is clearly governed by the decision in Uddupalli Jagannadham v. The Secretary of State for India in Council I.L.R. (1908) M. 16. But there is no period of limitation for the exercise by Government of its right to impose assessment on land liable thereto. The appeal therefore fails and is dismissed with costs.


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