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Tirumalaswami Ayyangar Vs. Tirumalai Goundan and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1896)ILR19Mad324
AppellantTirumalaswami Ayyangar
RespondentTirumalai Goundan and anr.
Cases ReferredStanding Order Collector of Salem v. Rangappa I.L.R.
Excerpt:
patta, grant of - effect of reversal--appeal to board of revenue. - - 404 this is clearly implied.1. in our opinion the grant of a patta must, as long as an appeal against the decision of the collector remains possible, be held to be conditional and subject to the result of the appeal. here an appeal was presented within due time, and it was ultimately successful. even under the old standing order collector of salem v. rangappa i.l.r. 12 mad. 404 this is clearly implied.2. we must reverse the decree of the district judge and remand the appeal for disposal on the other issues.3. costs to abide and follow the result.
Judgment:

1. In our opinion the grant of a patta must, as long as an appeal against the decision of the Collector remains possible, be held to be conditional and subject to the result of the appeal. Here an appeal was presented within due time, and it was ultimately successful. Even under the old Standing Order Collector of Salem v. Rangappa I.L.R. 12 Mad. 404 this is clearly implied.

2. We must reverse the decree of the District Judge and remand the appeal for disposal on the other issues.

3. Costs to abide and follow the result.


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