High CourtsSingle Bench(1910) 01 MAD CK 0027

In Re: J. Oliveira

Madras High Court · Decided on 28 January 1910 · Citation: 5 Ind. Cas. 834(1)

HON’BLE JUDGES
Arnold White, C.J

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Judgment

4 paragraphs · 165 words

Arnold White, C.J.—The Public Prosecutor says he is unable to support these convictions. I entirely agree.

2.

Exhibit I was signed by the complainant. It is not found he was not aware of the contents when he signed it.

3.

Under Exhibit I the complainant was a licensee and he agreed that if he failed to pull down the hut after three days'' notice, Messrs. A spin wall might pull it down. The Sessions Judge finds the notice was duly served. After service of the notice and non-compliance herewith, Messrs. A spin wall were entitled under the express terms of Exhibit I, to pull down the hut. I am unable to take the view of the Sessions Judge that the complainant was a tenant entitled to the benefit of Act I of 1900. He was a licensee and does not come within the definition of tenant in Section 3 of the Act.

4.

The convictions must be set aside and the fines, if paid, refunded.