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Krishna Chadaga Vs. Govinda Adiga - Court Judgment

LegalCrystal Citation
SubjectCivil;Property
CourtChennai
Decided On
Judge
Reported in(1894)ILR17Mad404
AppellantKrishna Chadaga
RespondentGovinda Adiga
Excerpt:
revenue recovery act - madras act ii of l864, section 11--whether gathered products belonging to a tenant can be distrained by government on account of the landlord's arrears of revenue. - 1. our answer to the question is that the government can attach, under section 11 of madras act ii of 1864, for arrears of revenue, gathered products belonging to a tenant, provided that they are the products of the land on account of which the arrears of revenue have accrued.2. the products belonging to a tenant are made liable by the section, and clause 3 gives a right to the tenant to deduct the value of the same from rent then due or thereafter to become due to the landlord on account of the land on which the products were grown.3. it follows that the products liable to distraint are the products of the defaulter's land, though such products may belong to the tenant.
Judgment:

1. Our answer to the question is that the Government can attach, under Section 11 of Madras Act II of 1864, for arrears of revenue, gathered products belonging to a tenant, provided that they are the products of the land on account of which the arrears of revenue have accrued.

2. The products belonging to a tenant are made liable by the section, and Clause 3 gives a right to the tenant to deduct the value of the same from rent then due or thereafter to become due to the landlord on account of the land on which the products were grown.

3. It follows that the products liable to distraint are the products of the defaulter's land, though such products may belong to the tenant.


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