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Sriram Sriral Nayudu and anr. and L. Krishnaswami Nayudu Vs. Sriramulu Nayudu by Agent Armujha Mudaliar - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in43Ind.Cas.30
AppellantSriram Sriral Nayudu and anr. and L. Krishnaswami Nayudu
RespondentSriramulu Nayudu by Agent Armujha Mudaliar
Excerpt:
madras estates land act (i of 1908), section 3(2)(d) - finding that village is not 'estate'--order directing retention of melwaram by particular party, legality of--jurisdiction. - .....he had no jurisdiction to deal with the petitions under sections 73-75 of the act. he, however, ordered that the melwaram produce should remain in the custody of the counter petitioner before the board.2. it is argued for the petitioners that the sub-collector's order directing the retention of crops is illegal and ab initio void, as the sub collector according to his own finding was devoid of jurisdiction. this objection must prevail. the sub collector's order as regards the produce is accordingly set aside.3. his order that this village is not an estate is not disputed by either party. the parties should bear their own costs.
Judgment:

1. The Sub-Collector of Chingleput in his order, in Miscellaneous Petition No. 02 of 1917, held that the village of Lattur was not an estate as defined in Section 3(2)(d) of the Estates Land Act and that, therefore, he had no jurisdiction to deal with the petitions under Sections 73-75 of the Act. He, however, ordered that the melwaram produce should remain in the custody of the counter petitioner before the Board.

2. It is argued for the petitioners that the Sub-Collector's order directing the retention of crops is illegal and ab initio void, as the Sub Collector according to his own finding was devoid of jurisdiction. This objection must prevail. The Sub Collector's order as regards the produce is accordingly set aside.

3. His order that this village is not an estate is not disputed by either party. The parties should bear their own costs.


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