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Samiasi Kavundan and anr. Vs. Akkulammal and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in9Ind.Cas.278
AppellantSamiasi Kavundan and anr.
RespondentAkkulammal and ors.
Cases ReferredZamindar of Ettayapuram v. Sankarappa Reddiar
Excerpt:
landlord and tenant - suit for declaration that a pattah tendered was a bad pattah--jurisdiction of civil courts--madras estates land act (i of 1903). - - 1. the only point we have now got to determine is whether the tenant could institute a suit in the civil court for a declaration that the pattah tendered for fasli 1316 was bad. 483, that a suit for a declaration that an attachment in pursuance of an improper pattah was bad was maintainable in the civil court, is an authority in favour of the view that the present suit lies. it may be that a declaration is a discretionary relief, but unless there are good reasons for not exercising the discretion in the plaintiff's favour it should, not be refused......now want the injunction he originally asked for. it may be that a declaration is a discretionary relief, but unless there are good reasons for not exercising the discretion in the plaintiff's favour it should, not be refused. the passing of the estates land act does not affect the tenant's right to the declaration in a suit instituted before it came into force. we must set aside the decrees of the court below and remand the case to the district munsif for disposal according to law. the costs hither to incurred will abide and follow the result.
Judgment:

1. The only point we have now got to determine is whether the tenant could institute a suit in the Civil Court for a declaration that the pattah tendered for Fasli 1316 was bad. There is no provision in the Rent Recovery Act which precludes Such a suit. The decision of the Full Bench in Zamindar of Ettayapuram v. Sankarappa Reddiar 27 M. 483, that a suit for a declaration that an attachment in pursuance of an improper pattah was bad was maintainable in the Civil Court, is an authority in favour of the view that the present suit lies. The appellant does not now want the injunction he originally asked for. It may be that a declaration is a discretionary relief, but unless there are good reasons for not exercising the discretion in the plaintiff's favour it should, not be refused. The passing of the Estates Land Act does not affect the tenant's right to the declaration in a suit instituted before it came into force. We must set aside the decrees of the Court below and remand the case to the District Munsif for disposal according to law. The costs hither to incurred will abide and follow the result.


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