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Sree Rajah Kundukury Seshamma Garu Vs. Kaja Purushothama Somayajalu - Court Judgment

LegalCrystal Citation
SubjectTenancy
CourtChennai
Decided On
Judge
Reported in7Ind.Cas.860a
AppellantSree Rajah Kundukury Seshamma Garu
RespondentKaja Purushothama Somayajalu
Excerpt:
landlord and tenant - mamool wet--water-cess paid to government--suit to recover the same from landlord. - 1. the cowle has not been exhibited in the case. the plaintiff having paid water-cess claims it from the defendant on the ground that the defendant treated the land as mamool wet in the cowle he granted. the defendant admits that the land was described ns mamool wet. but he does not admit that there was any provision for indemnity. the plaintiff does not seek to set aside the cowle on the ground of mutual mistake. the defendant did not authorize the plaintiff to take government water on his responsibility. if the plaintiff has to pay government, a cess for water which he takes from government he has no cause of action to recover it from the defendant. we must set aside the subordinate judge's decree and dismiss the suit with costs throughout.
Judgment:

1. The cowle has not been exhibited in the case. The plaintiff having paid water-cess claims it from the defendant on the ground that the defendant treated the land as mamool wet in the cowle he granted. The defendant admits that the land was described ns mamool wet. But he does not admit that there was any provision for indemnity. The plaintiff does not seek to set aside the cowle on the ground of mutual mistake. The defendant did not authorize the plaintiff to take Government water on his responsibility. If the plaintiff has to pay Government, a cess for water which he takes from Government he has no cause of action to recover it from the defendant. We must set aside the Subordinate Judge's decree and dismiss the suit with costs throughout.


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