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K. Sivasankara Mudaliar and ors. Vs. R. Krishnaswamy Mudaliar - Court Judgment

LegalCrystal Citation
Decided On
Reported inAIR1937Mad264; (1937)1MLJ88
AppellantK. Sivasankara Mudaliar and ors.
RespondentR. Krishnaswamy Mudaliar
Cases Referred and Parthasarathi Ayyangar v. Rangaswami Ayyangar
- .....with the learned district judge, is invalid. this appeal is dismissed with costs.2. leave to appeal is.....

Burn, J.

1. The decision of the learned District Judge is supported by the case reported in Venugopala Rao v. Venkatrayudu (1911) 10 M.L.T. 450 to which he refers. The cases reported in Ayyappa v. Venkatakrishnama Razu : (1892)2MLJ19 and Parthasarathi Ayyangar v. Rangaswami Ayyangar (1916) 4 L.W. 654 are cases in which a single landholder lad been recognised by the Collector as landholder, and therefore :hey do not apply to this case. Here it is clear that all the three brothers are landholders and though the appellant is the eldest brother and the managing member of the joint family of which all three are members, he has not been recognised or registered by the Collector under Section 3(5) of the Estates Land Act, simply because there has been no dispute between himself and his brothers. We have here three co-equal 'landholders' of whom only one tendered the patta in this case. Such a tender, I agree with the learned District Judge, is invalid. This appeal is dismissed with costs.

2. Leave to appeal is refused.

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