High Courts(1919) 02 MAD CK 0016

Muthirulandi Poosari and Another vs Muthandi Poosari and Others

Madras High Court · Decided on 18 February 1919 · Citation: (1919) 36 MLJ 356

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

8 paragraphs · 205 words
1.

Assuming that in this case the boundary was disputed and the dispute was the subject of an order by the Survey Officer u/s 11 of Madras Act

IV of 1897, we think that order, if not reviewed by the appellate authority or questioned by suit as provided in the section was conclusive as to the

rights of the parties, and none the less so because the unsuccessful party who was in possession at the date of the order was not subsequently

ousted from possession. In Krishnamma v. Achayya ILR (1879) Mad. 306, there does not appear to have been any order u/s 25 of the

Boundaries Act of 1860, which corresponds to Section 11 and 12 of the present act. The suit had been treated in the District Court as a suit

governed by Article 16 to Schedule II of the Limitation Act of 1871 ""to set aside any act of an officer of Government in his official capacity, not

herein otherwise expressly provided for."" The official"" act appears to have been the actual demarcation of the land by fixing the boundary stones. If

there was an order in that case u/s 25 of the Act of 1860, we think the decision was wrong.