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Govinda Reddi and anr. Vs. Ravi Kesaval Naidu and ors. - Court Judgment

LegalCrystal Citation
CourtChennai
Decided On
Judge
Reported in29Ind.Cas.1003
AppellantGovinda Reddi and anr.
RespondentRavi Kesaval Naidu and ors.
Cases ReferredYeddamapudi Lakshmi Narasimha Row v. Ripalli Sitaramaswami
Excerpt:
inam land - presumption as to whether land or land revenue is granted, applicability of, to civil courts. - 1. the learned district judge erred in holding that the presumption as to the constitution of the india applies only in revenue courts. civil courts also should presume that it consits in the revenue, not the land, until the contrary is proved. yeddamapudi lakshmi narasimha row v. ripalli sitaramaswami 19 ind. cas. 440 : 24 m.l.j. 288; (1913) m.w.n. 282.2. but it does not appear that this mistake influenced his treatment of the evidence materially; and there was clear evidence on which his decision could be founded. in these circumstances we are not prepared to interfere. the second appeal is dismissed with costs.
Judgment:

1. The learned District Judge erred in holding that the presumption as to the constitution of the india applies only in Revenue Courts. Civil Courts also should presume that it consits in the revenue, not the land, until the contrary is proved. Yeddamapudi Lakshmi Narasimha Row v. Ripalli Sitaramaswami 19 Ind. Cas. 440 : 24 M.L.J. 288; (1913) M.W.N. 282.

2. But it does not appear that this mistake influenced his treatment of the evidence materially; and there was clear evidence on which his decision could be founded. In these circumstances we are not prepared to interfere. The second appeal is dismissed with costs.


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