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Singaram Pillai and ors. Vs. Hazarath Kibulai Syed Gulam Ghouse Sha Sahib Kadir - Court Judgment

LegalCrystal Citation
SubjectLimitation
CourtChennai
Decided On
Reported in(1910)20MLJ927
AppellantSingaram Pillai and ors.
RespondentHazarath Kibulai Syed Gulam Ghouse Sha Sahib Kadir
Cases ReferredRangayya Appa Rao v. Bobba Sriramulu I.L.R.
Excerpt:
- 1. we think the conclusion the learned chief justice has arrived at is correct. pattah for the suit fasli was tendered before the judgment of the high court-. exhibit c-was pronounced. as the pattah tendered was not in accordance with the judgment of the high court the plaintiff could not successfully maintain a suit for rent upon it and he could not tender a fresh pattah as the fasli had by then expired. his only course in this case was to sue under section 9 of act viii of 1865 to enforce acceptance of the paltah tendered. this he did do and he had to await an adjudication under section 10 of the act, and we think that limitation runs from the date of that adjudication, as it was only then that it can be said that the rent for the suit fasli was ascertained-rangayya appa rao v. bobba.....
Judgment:

1. We think the conclusion the learned Chief Justice has arrived at is correct. Pattah for the suit fasli was tendered before the judgment of the High Court-. Exhibit C-was pronounced. As the pattah tendered was not in accordance with the judgment of the High Court the plaintiff could not successfully maintain a suit for rent upon it and he could not tender a fresh pattah as the fasli had by then expired. His only course in this case was to sue under Section 9 of Act VIII of 1865 to enforce acceptance of the paltah tendered. This he did do and he had to await an adjudication under Section 10 of the Act, and we think that limitation runs from the date of that adjudication, as it was only then that it can be said that the rent for the suit fasli was ascertained-Rangayya Appa Rao v. Bobba Sriramulu I.L.R. (1903) Mad. 143 We express no opinion as to the effect of the High Court's judgment in the case of faslis subsequent thereto.

2. The appeals are dismissed with costs.


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