High Courts(1902) 10 MAD CK 0003

Alagappa Chettiar vs Tirunagavalli and Others

Madras High Court · Decided on 2 October 1902 · Citation: (1903) 13 MLJ 377

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Judgment

7 paragraphs · 166 words
1.

We are not by any means clear that the words in Exhibit No. 1 regarding remission refer to the rents payable to the temple. We are inclined to

think that they refer only to the revenue payable to Government, but even if they refer also to the rents payable to the temple, we do not think that

they are sufficient to create a legal obligation. The matter is left entirely to the decision of the Collector, and cannot be enforced by the Courts. The

obligation, if it exists, is on the same footing as the obligation to grant a remission of revenue, and it cannot be contended that such obligation is one

that can be enforced by the Courts it being regarded only as a moral and not a legal obligation.

2.

We must allow the appeal with costs throughout and give judgment for the plaintiff against the 1st defendant as prayed for with interest at 6 per

cent, per annum from date of plaint.