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Secretary of State for India in Council through the Collector of Ramnad Vs. the Hon'ble B. Raja Rajeswara Sethupathi alias Muthuramalinga Sethupathi Avergar, Rajah of Ramnad (19.02.1919 - MADHC) - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in50Ind.Cas.613
AppellantSecretary of State for India in Council through the Collector of Ramnad
RespondentThe Hon'ble B. Raja Rajeswara Sethupathi alias Muthuramalinga Sethupathi Avergar, Rajah of Ramnad
Excerpt:
madras proprietary estates village service act (ii of 1894), section 22 - computation of annual rent value by subordinate of revenue officer--valuation not adopted by revenue officer, effect of. - - 2. the deputy tahsildar's demand was made in exhibit c-1, dated 18th april 1913, and the money was paid by the rajah under protest on 4th and 6th august 1915, and he now sues to recover it back on the ground, among others, that the demand was illegal owing to the failure of the officers of government to comply with the provisions of the section......to comply with the provisions of the section. we agree with his contention and dismiss the appeal on this ground with.....
Judgment:

1. The result of the evidence is, as found by the Subordinate Judge, that the annual rent value of the estate was not fixed for the purposes of the Act by the Revenue Officer-in-charge of the Division as provided in Section 22 of the Madras Proprietary Estates Village Service Act, but by his subordinate, the Deputy Tahsildar, nor is there any evidence to show that the Deputy Tahsildar's calculation was adopted by the Revenue Officer-in-charge of the Division as his own.

2. The Deputy Tahsildar's demand was made in Exhibit C-1, dated 18th April 1913, and the money was paid by the Rajah under protest on 4th and 6th August 1915, and he now sues to recover it back on the ground, among others, that the demand was illegal owing to the failure of the Officers of Government to comply with the provisions of the section. We agree with his contention and dismiss the appeal on this ground with costs.


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