High CourtsDivision Bench(1892) 05 MAD CK 0004

Ayyappa vs Venkatakrishnamarazu

Madras High Court · Decided on 4 May 1892 · Citation: (1892) ILR (Mad) 484

HON’BLE JUDGES
Handley, J · Arthur J.H. Collins, J

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Judgment

6 paragraphs · 133 words
1.

We think that the Acting District Judge was right in holding that the plaintiff, as the registered zamindar, had a right under Act VIII of 1865 to

compel defendant to accept a patta. The decision in Valamarama v. Virappa ILR 5 Mad. 145 is an authority for the proposition that in a zamindari

the only zamindar is the registered zamindar, and we do not think that, upon this point, the authority of that decision has been shaken by the

decision in Subbu v. Vasanthappan ILR 8 Mad. 351. In a zamindari the only landholder entitled to proceed under Act VIII of 1865 against the

tenants of the zamindari must be the zamindar, and the only zamindar for the time being is the registered zamindar.

2.

We dismiss this second appeal with costs.