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Alagappa Chettiar Vs. Tirunagavalli and ors. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Reported in(1903)13MLJ377
AppellantAlagappa Chettiar
RespondentTirunagavalli and ors.
Excerpt:
- .....against the 1st defendant as prayed for with interest at 6 per cent, per annum from date of.....
Judgment:

1. We are not by any means clear that the words in Exhibit No. 1 regarding remission refer to the rents payable to the temple. We are inclined to think that they refer only to the revenue payable to Government, but even if they refer also to the rents payable to the temple, we do not think that they are sufficient to create a legal obligation. The matter is left entirely to the decision of the Collector, and cannot be enforced by the Courts. The obligation, if it exists, is on the same footing as the obligation to grant a remission of revenue, and it cannot be contended that such obligation is one that can be enforced by the Courts it being regarded only as a moral and not a legal obligation.

2. We must allow the appeal with costs throughout and give judgment for the plaintiff against the 1st defendant as prayed for with interest at 6 per cent, per annum from date of plaint.


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