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Appasami Vs. Rama Subba and ors. - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in(1883)ILR7Mad262
AppellantAppasami
RespondentRama Subba and ors.
Excerpt:
rent recovery act, sections 1 and 2 - inamdar--quit-rent. - charles a. turner, kt., c.j.1. act viii of 1865, which inter alia consolidated the provisions of the law conferring summary remedies on landholders entitled to recover rent or revenue from their tenants or occupiers of the soil, defined landholders as including inamdars, and tenants as including all persons who are liable to pay rent to a landholder. the defendant is an inamdar; the plaintiffs are also inamdars, but are liable to pay a quit-rent to the superior inamdar, the defendant. the act, in our judgment, authorizes the defendant to have recourse to summary remedies for the recovery of the quit-rent. the decree of the judge is set aside, and the case will be remanded that the appeal may be reheard. the costs of this second appeal will abide and follow the result.
Judgment:

Charles A. Turner, Kt., C.J.

1. Act VIII of 1865, which inter alia consolidated the provisions of the law conferring summary remedies on landholders entitled to recover rent or revenue from their tenants or occupiers of the soil, defined landholders as including inamdars, and tenants as including all persons who are liable to pay rent to a landholder. The defendant is an inamdar; the plaintiffs are also inamdars, but are liable to pay a quit-rent to the superior inamdar, the defendant. The Act, in our judgment, authorizes the defendant to have recourse to summary remedies for the recovery of the quit-rent. The decree of the Judge is set aside, and the case will be remanded that the appeal may be reheard. The costs of this second appeal will abide and follow the result.


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