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Subbaraya Mudaliar and ors. Vs. Rakki - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in1Ind.Cas.73
AppellantSubbaraya Mudaliar and ors.
RespondentRakki
Cases Referred and Nanabin Aba v. Sheubin Andu
Excerpt:
madras estates land act (act i of 1908, mad.), section 189 - suits, pending in civil courts before the act came in force, whether affected by the provisions of section 189. - .....section 189 merely says that civil courts shall not take cognizance. it says nothing about pending suits. we are fortified in our opinion by the decisions in sadasiva pillai v. kalappa mudaliar 24 m. 39, vedavalli narasiah v. mangamma 27 m. 538 and nanabin aba v. sheubin andu 32 b......
Judgment:

1. The question referred to is, whether suits for the recovery of rent, which under the provisions of the Madras Estates Land Act (I of 1908) are exclusively cognizable by the Revenue Courts, are triable by the Civil Courts after that Act came into force, if the suits were filed-before the date when that Act came into force. We may have no hesitation in answering the question in the affirmative. There is nothing in Section 189 of the Madras Estates Land Act which takes away from, the Civil Courts the jurisdiction to hear and determine suits which were taken cognizance of by them before the Act came into operation. Section 189 merely says that Civil Courts shall not take cognizance. It says nothing about pending suits. We are fortified in our opinion by the decisions in Sadasiva Pillai v. Kalappa Mudaliar 24 M. 39, Vedavalli Narasiah v. Mangamma 27 M. 538 and Nanabin Aba v. Sheubin Andu 32 B. 37.


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