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Venkata Papayya Rao Vs. Venkata Subbayya - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in(1902)ILR25Mad453
AppellantVenkata Papayya Rao
RespondentVenkata Subbayya
Cases ReferredNarasimhaswami v. Lakshmamma I.L.R.
Excerpt:
rent recovery act (madras) - act viii of 1865, sections 10, 69--adjudication that plaintiff has failed to prove default by defendant--'judgment'--appeal. - - in substance, the order of the head assistant collector in the present case amounts to an adjudication that the plaintiff failed to prove default on the part of the defendant.1. we are prepared to follow the decision of this court in narasimhaswami v. lakshmamma i.l.r. 22 mad. 436 and we think no valid distinction can be drawn between a case where an order for ejectment is made on an application under section 10 of the rent recovery act, and a case where the collector dismisses an application for ejectment made under that section. in substance, the order of the head assistant collector in the present case amounts to an adjudication that the plaintiff failed to prove default on the part of the defendant. this, in our opinion, is a 'judgment' within the meaning of section 69 of the act.2. the decree of the district judge must be set aside and the case remanded to him to be dealt with according to law.3. costs of the appeal will abide the result.
Judgment:

1. We are prepared to follow the decision of this Court in Narasimhaswami v. Lakshmamma I.L.R. 22 Mad. 436 and we think no valid distinction can be drawn between a case where an order for ejectment is made on an application under Section 10 of the Rent Recovery Act, and a case where the Collector dismisses an application for ejectment made under that section. In substance, the order of the Head Assistant Collector in the present case amounts to an adjudication that the plaintiff failed to prove default on the part of the defendant. This, in our opinion, is a 'judgment' within the meaning of Section 69 of the Act.

2. The decree of the District Judge must be set aside and the case remanded to him to be dealt with according to law.

3. Costs of the appeal will abide the result.


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