High CourtsDivision Bench(1936) 10 MAD CK 0015

K. Sivasankara Mudaliar and Others vs R. Krishnaswamy Mudaliar

Madras High Court · Decided on 29 October 1936 · Citation: AIR 1937 Mad 264 : (1936) 44 LW 953 : (1937) 1 MLJ 88

HON’BLE JUDGES
Burn, J

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Judgment

8 paragraphs · 174 words

Burn, J.—The decision of the learned District Judge is supported by the case reported in Venugopala Rao v. Venkatrayudu (1911) 10

M.L.T. 450 to which he refers. The cases reported in Narayana Prabha and Others Vs. Ranga Bhatta, and Parthasarathi Ayyangar v.

Rangaswami Ayyangar (1916) 4 L.W. 654 are cases in which a single landholder lad been recognised by the Collector as landholder, and

therefore :hey do not apply to this case. Here it is clear that all the three brothers are landholders and though the appellant is the eldest brother and

the managing member of the joint family of which all three are members, he has not been recognised or registered by the Collector u/s 3(5) of the

Estates Land Act, simply because there has been no dispute between himself and his brothers. We have here three co-equal ""landholders"" of

whom only one tendered the patta in this case. Such a tender, I agree with the learned District Judge, is invalid. This appeal is dismissed with costs.

2.

Leave to appeal is refused.