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Muthusawmi Pillay Vs. Jafar HusaIn Khan Sahib and anr. - Court Judgment

LegalCrystal Citation
SubjectTenancy;Property
CourtChennai
Decided On
Judge
Reported in14Ind.Cas.215
AppellantMuthusawmi Pillay
RespondentJafar HusaIn Khan Sahib and anr.
Excerpt:
madras estates land act (i of 1908), section 3(2) - land for which rent claimed belonging to mosque--permanent lease-estate. - abdur rahim, j.1. there is nothing to show that the land in respect of which rent is claimed, is an estate or part of an estate as defined in section 3, clause (2) of the madras estates land act (i of 1908). on the other hand, the land itself is stated in the plaint to belong to the mosque, and the defendants, from whom rent is claimed, hold it under a permanent lease granted by one of the inamdars. i, therefore, set aside the judgment of the subordinate judge and direct that he take back the plaint on his file and dispose of the case according to law. the respondents will pay the costs of this petition.
Judgment:

Abdur Rahim, J.

1. There is nothing to show that the land in respect of which rent is claimed, is an estate or part of an estate as defined in Section 3, Clause (2) of the Madras Estates Land Act (I of 1908). On the other hand, the land itself is stated in the plaint to belong to the mosque, and the defendants, from whom rent is claimed, hold it under a permanent lease granted by one of the Inamdars. I, therefore, set aside the judgment of the Subordinate Judge and direct that he take back the plaint on his file and dispose of the case according to law. The respondents will pay the costs of this petition.


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