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Gopisetti Narayanasawmynaidu Garu Vs. Kolachina Venkatappaya and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in5Ind.Cas.438
AppellantGopisetti Narayanasawmynaidu Garu
RespondentKolachina Venkatappaya and ors.
Cases ReferredZamindar of Tarla v. Latchia
Excerpt:
madras local boards act (v of 1884), sections 73, 74 - madras rent recovery act (viii of 1865), section 7--claim by landholder for a moiety of local cess paid to government--whether enforceable without exchange of patta and muchalikas--second appeal. - 1. the amount sued for is not a cess payable to the plaintiffs. if it is a cess at all it is one payable to government. the landholder is given the right by statute to recover a share from the tenant along with the rent.2. following the decision in zamindar of tarla v. latchia 13 m.l.j. 211 we think there is no second appeal. the appeals are dismissed with costs.
Judgment:

1. The amount sued for is not a cess payable to the plaintiffs. If it is a cess at all it is one payable to Government. The landholder is given the right by statute to recover a share from the tenant along with the rent.

2. Following the decision in Zamindar of Tarla v. Latchia 13 M.L.J. 211 we think there is no second appeal. The appeals are dismissed with costs.


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