High CourtsDivision Bench(1891) 08 MAD CK 0003

Krishna vs Lakshminaranappa

Madras High Court · Decided on 28 August 1891 · Citation: (1892) ILR (Mad) 67

HON’BLE JUDGES
Wilkinson, J · Parker, J

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Judgment

6 paragraphs · 123 words
1.

We are of opinion that Section 12 of the Rent Recovery Act does not apply to this case. In the first place it is not shown that the plaintiff comes

within the class of landholders defined by Section 3, and next it is impossible to suppose that in an Act for consolidating and improving the law for

the recovery of rent, it could possibly be intended to repeal the ordinary law relating to contracts and enact that one contracting party could put an

end to the contract whenever he chose and the other never. See the remarks of Holloway, J., page 173, in the case of Chockalinga Pillai v.

Vythealinga Pundara Sunnady 6 M.H.C.R. 164.

2.

The appeal is dismissed with costs.