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Harika Ramayyar Vs. Sri Vidya, Sri Sindu Tirtasami and anr. - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1883)ILR7Mad61
AppellantHarika Ramayyar
RespondentSri Vidya, Sri Sindu Tirtasami and anr.
res judicata - decree of revenue court. - .....the.....

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

1. This suit, in which the tenant seeks to obtain a declaration of the rates at which he is entitled to receive a patta for Pasli 1289, is not barred by the suit brought in the preceding year by the landlord to enforce the acceptance of a patta on certain terms for the Fasli 1288. The circumstances of the holding may vary in each year, and the power to sue in the Revenue Court to enforce the acceptance of a patta is limited to the contract for the year. for which the patta is issued.

2. Nor can we hold that a Revenue Court in this Presidency in suits for enforcing the acceptance of pattas has, under the Rent Act, power to determine title otherwise than incidentally to the limited jurisdiction conferred on it. Consequently, it cannot be held the matter now in issue, viz., whether the tenant has, by special contract, a right to hold at privileged rates, has been finally decided in that suit. The decrees of the Courts below are set aside, and the suit remanded for trial.

3. The costs incurred hitherto will abide and follow the result.

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