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Govinda Setti Vs. Srinivasa Row Sahib - Court Judgment

LegalCrystal Citation
SubjectTenency
CourtChennai
Decided On
Reported in(1903)13MLJ371
AppellantGovinda Setti
RespondentSrinivasa Row Sahib
Excerpt:
- 1. the objection that a second pattah could not be issued for the second crop on land for which a pattah had already been issued cannot be insisted upon, so far at any rate as fasli 1308, to which the suit relates, is concerned, inasmuch as the appellant accepted the first pattah for that fasli without demur, according to the practice in force for several years preceding. such practice amounted to the pattah being reduced to writing in two separate papers, which is unobjectionable so long as both the papers are tendered within the fasli, as was done in this case. it may be that neither party is bound to continue the practice in future, but whichever party objects must give timely notice to the other of his objection, the second appeal therefore fails and is dismissed with costs.
Judgment:

1. The objection that a second pattah could not be issued for the second crop on land for which a pattah had already been issued cannot be insisted upon, so far at any rate as Fasli 1308, to which the suit relates, is concerned, inasmuch as the appellant accepted the first pattah for that fasli without demur, according to the practice in force for several years preceding. Such practice amounted to the pattah being reduced to writing in two separate papers, which is unobjectionable so long as both the papers are tendered within the fasli, as was done in this case. It may be that neither party is bound to continue the practice in future, but whichever party objects must give timely notice to the other of his objection, The second appeal therefore fails and is dismissed with costs.


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