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Kaliappa Gounden Vs. Venkatachalla thevan and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1897)ILR20Mad253
AppellantKaliappa Gounden
RespondentVenkatachalla thevan and ors.
Excerpt:
madras act ii of 1864, section 38 - sale for arrears of revenue--confirmation of sale after cancellation. - 1. there is no provision in act ii of 1864 which enables a collector to revive a sale which he has once cancelled. in the present case the head assistant collector cancelled the sale on the 2nd november 1883. he had no power to revive the sale nearly a year afterwards as he purports to have done. the issue of the certificate was, therefore, ineffectual to create any title in the plaintiff.2. we dismiss this second appeal with costs.
Judgment:

1. There is no provision in Act II of 1864 which enables a Collector to revive a sale which he has once cancelled. In the present case the Head Assistant Collector cancelled the sale on the 2nd November 1883. He had no power to revive the sale nearly a year afterwards as he purports to have done. The issue of the certificate was, therefore, ineffectual to create any title in the plaintiff.

2. We dismiss this second appeal with costs.


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