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Polemera Thammu Naidu and ors. Vs. Sri Maharani Lady Godey Chitti Janakiyamma Gajapati Row Garu Proprietrix of the Anakapally Andc., Estates - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.809
AppellantPolemera Thammu Naidu and ors.
RespondentSri Maharani Lady Godey Chitti Janakiyamma Gajapati Row Garu Proprietrix of the Anakapally Andc.,
Excerpt:
madras estates land act (i of 1908) - suit to enforce pattah--powers of a revenue court--jurisdiction. - 1. the plaintiffs sue to enforce the grant of a pattah. the district judge on appeal has dismissed the suit on the ground that questions are raised which can only be tried by a civil court. we have not been referred to any such question. the district judge does not find that the plaintiffs are not in law tenants of the defendant. if they are tenants they are entitled to ask for a pattah unless the exchange of pattah and muchilika has been dispensed with. all the questions that may arise on the footing of the plaintiffs' tenancy may be dealt with by the revenue court so far as may be necessary to determine the terms of the pattah.2. we must set aside the district judge's decrees and remand the cases to him for disposal according to law. the costs in this court will be provided for in the.....
Judgment:

1. The plaintiffs sue to enforce the grant of a pattah. The District Judge on appeal has dismissed the suit on the ground that questions are raised which can only be tried by a Civil Court. We have not been referred to any such question. The District Judge does not find that the plaintiffs are not in law tenants of the defendant. If they are tenants they are entitled to ask for a pattah unless the exchange of pattah and muchilika has been dispensed with. All the questions that may arise on the footing of the plaintiffs' tenancy may be dealt with by the Revenue Court so far as may be necessary to determine the terms of the pattah.

2. We must set aside the District Judge's decrees and remand the cases to him for disposal according to law. The costs in this Court will be provided for in the revised decree.


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