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Sankarappa Naiken Vs. the Secretary of State for India in Council Through the Collector of Madura - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1910)20MLJ977
AppellantSankarappa Naiken
RespondentThe Secretary of State for India in Council Through the Collector of Madura
Excerpt:
- 1. the assessment in this case was realised by proceedings professedly taken under section 59 of act ii of 1864, and therefore the suit should have been brought within the period of six .months provided by that section.2. it is contended that though the suit may be barred in so far as it seeks to recover the assessment levied, still it is not barred so far as the declaration and injunction prayed for are concerned.3. the necessity for asking for these reliefs all arise out of the action of government in levying the assessment, and is part of the grievance for which under section 59 the plaintiff may apply to the civil court for redress.4. the second appeal is dismissed with costs.
Judgment:

1. The assessment in this case was realised by proceedings professedly taken under Section 59 of Act II of 1864, and therefore the suit should have been brought within the period of six .months provided by that section.

2. It is contended that though the suit may be barred in so far as it seeks to recover the assessment levied, still it is not barred so far as the declaration and injunction prayed for are concerned.

3. The necessity for asking for these reliefs all arise out of the action of Government in levying the assessment, and is part of the grievance for which under Section 59 the plaintiff may apply to the Civil Court for redress.

4. The second appeal is dismissed with costs.


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