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Udumbanthala Nalupurappatti Mammad Vs. Vyagram Narayana Pattar and ors. - Court Judgment

LegalCrystal Citation
SubjectProperty
CourtChennai
Decided On
Reported inAIR1941Mad305
AppellantUdumbanthala Nalupurappatti Mammad
RespondentVyagram Narayana Pattar and ors.
Excerpt:
- king, j.1. it is a plausible argument that as ryotwari pattadars are entitled to the benefits of this act, no matter how much land revenue they pay, a jenmi who is also a ryotwari pattadar and who in the former capacity pays less than rs. 500 should also be so entitled. but there are no words in the proviso restricting the land revenue payable by a jenmi to the revenue payable only on the land so held by him and taking the clause in its plain meaning we have here a jenmi whose total payments to government on account of land revenue exceed rs. 500. i cannot therefore hold that the court below have wrongly construed the proviso. the appeal fails and is dismissed with costs of respondent 2.
Judgment:

King, J.

1. It is a plausible argument that as ryotwari pattadars are entitled to the benefits of this Act, no matter how much land revenue they pay, a jenmi who is also a ryotwari pattadar and who in the former capacity pays less than Rs. 500 should also be so entitled. But there are no words in the proviso restricting the land revenue payable by a jenmi to the revenue payable only on the land so held by him and taking the clause in its plain meaning we have here a jenmi whose total payments to Government on account of land revenue exceed Rs. 500. I cannot therefore hold that the Court below have wrongly construed the proviso. The appeal fails and is dismissed with costs of respondent 2.


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