High CourtsDivision Bench(1909) 03 MAD CK 0018

C. Venkatachari vs C. Rangaswami Iyengar

Madras High Court · Decided on 12 March 1909 · Citation: 3 Ind. Cas. 223

HON’BLE JUDGES
Arnold White, C.J · Abdur Rahim, J

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Judgment

6 paragraphs · 114 words
1.

We are of opinion that the agreement Exhibit III is admissible for the purpose of showing the nature of the defendant''s possession and the

findings are that the defendant has held the land rent-free since the date of the agreement. On the authority of Kurri Veerareddi v. Kurri Bapireddi

16 M.L.J. 395 it may be that notwithstanding Exhibit III the plaintiff is entitled to eject the defendant, but, in our opinion, he is not entitled to

enforce on him the acceptance of a pattah.

2.

We must set aside the decree of the District Judge and restore that of the Court of first instance with costs here and in the lower appellate

Court.