Skip to content


Syed Muhammad Ghouse Sahib Suthari Vs. Syed Muhammad Ghouse Sahib Trustee and Manager of the Sha Rahmatullah Mosque - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported in(1942)2MLJ511
AppellantSyed Muhammad Ghouse Sahib Suthari
RespondentSyed Muhammad Ghouse Sahib Trustee and Manager of the Sha Rahmatullah Mosque
Excerpt:
- .....the petitioner seeks to revise under section 115 of the code of civil procedure an order by the deputy collector of the musiri division under section 3(5) of the madras estates land act. the respondent has a preliminary objection that revision does not lie because the deputy collector exercising his functions under section 3(5) of the madras estates land act is not a court subordinate to the high court. it is pointed out that the duty of the deputy collector is only to recognise or nominate one or other of the disputants as the landholder, an expression denned in the first half of the sub-section. such recognition or nomination is only provisional and could be eon-tested in the ordinary civil courts. in fact, section 3(5) expressly states that the deputy collector's order is subject.....
Judgment:

Byers, J.

1. The petitioner seeks to revise under Section 115 of the Code of Civil Procedure an order by the Deputy Collector of the Musiri Division under Section 3(5) of the Madras Estates Land Act. The respondent has a preliminary objection that revision does not lie because the Deputy Collector exercising his functions under Section 3(5) of the Madras Estates Land Act is not a Court subordinate to the High Court. It is pointed out that the duty of the Deputy Collector is only to recognise or nominate one or other of the disputants as the landholder, an expression denned in the first half of the sub-section. Such recognition or nomination is only provisional and could be eon-tested in the ordinary civil Courts. In fact, Section 3(5) expressly states that the Deputy Collector's order is subject to any decree or order of a competent civil Court. The section makes no provision for any judicial enquiry and the use of the words 'recognise or nominate' indicates that the proceedings are purely of an executive or administrative character, involving nothing more than the insertion in the revenue registers of the name of a person to whom the Collector looks for the payment of revenue and whom he recognises, subject to the civil Court's proceedings, as the person entitled to collect the rents.

2. I find that the Deputy Collector acting under Section 3(5) of the Madras Estates Land Act is not a Court subordinate to the High Court within the meaning of Section 115 of the Code of Civil Procedure. The petition is accordingly dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //