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G Narayanasawmy Naidu, Receiver, Nidudavole Estate Vs. Gottimukalu Sitaramayya and anr. - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1119
AppellantG Narayanasawmy Naidu, Receiver, Nidudavole Estate
RespondentGottimukalu Sitaramayya and anr.
Cases ReferredNarayana Aiyengar v. Orr
Excerpt:
landlord and tenant - fallen trees, ownership of. - .....zemindar, and the learned judges upon that ground steer clear of the cases of karkarla abbeyya v. raja vengata pappayya 16 m.l.j. 8; narayana aiyengar v. orr 26 m.k 252 which lay down that the property in the trees belongs to the occupancy tenant and not to the zemindar in the absence of proof of a special custom to the contrary. this petition is dismissed with.....
Judgment:

Abdur Rahim, J.

1. I think the decision of the Munsif is in accord with the rulings of this Court. See Karkarla Abbeyya v. Raja Vengata Pappayya 16 M.L.J. 8 and Naruyana Aiyengar v. Orr (3). In the case of Bodda Goddappa v. The Maharaja of Vizianagaram 17 M.L.J. 64 relied on by the petitioner, the question for decision is expressly confined to the right of the ryot to cut growing trees to the detriment of the reversionary interest of the zemindar, and the learned Judges upon that ground steer clear of the cases of Karkarla Abbeyya v. Raja Vengata Pappayya 16 M.L.J. 8; Narayana Aiyengar v. Orr 26 M.k 252 which lay down that the property in the trees belongs to the occupancy tenant and not to the zemindar in the absence of proof of a special custom to the contrary. This petition is dismissed with costs.


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