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Ramaswami Naik Vs. Thiruvenkatam Pillai and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Judge
Reported in4Ind.Cas.1142
AppellantRamaswami Naik
RespondentThiruvenkatam Pillai and ors.
Cases ReferredMaumikkutti v. Puzhakkal Edom
Excerpt:
lessor and lessee - exercise of rights by lessee--obstruction--liability of representative of lessor. - 1. we are of opinion that ex. a is a lease as was held with reference to the instrument in seeni chettiar v. santhanatham chettiar 20 m.k 58 and not a license as was held with reference to the instrument in maumikkutti v. puzhakkal edom 29 m.k 353.2. the plaintiff was obstructed in the exercise of his lights by the late zamindar, the successor to the zamindar, who granted the lease. the 1st defendant is the representative of the party by whom the plaintiff was obstructed and as such he is liable in damages to the plaintiff to the extent of the assets in his hands.3. the second appeal is dismissed with costs.
Judgment:

1. We are of opinion that Ex. A is a lease as was held with reference to the instrument in Seeni Chettiar v. Santhanatham Chettiar 20 M.k 58 and not a license as was held with reference to the instrument in Maumikkutti v. Puzhakkal Edom 29 M.k 353.

2. The plaintiff was obstructed in the exercise of his lights by the late zamindar, the successor to the zamindar, who granted the lease. The 1st defendant is the representative of the party by whom the plaintiff was obstructed and as such he is liable in damages to the plaintiff to the extent of the assets in his hands.

3. The second appeal is dismissed with costs.


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