High CourtsDivision Bench(1910) 03 MAD CK 0044

Polemera Thammu Naidu and Others vs Sri Maharani Lady Godey Chitti Janakiyamma Gajapati Row Garu Proprietrix of the Anakapally and c., Estates

Madras High Court · Decided on 1 March 1910 · Citation: 7 Ind. Cas. 809

HON’BLE JUDGES
Ralph Benson, J · Krishnaswarny Aiyar, J

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Judgment

7 paragraphs · 152 words
1.

The plaintiffs sue to enforce the grant of a pattah. The District Judge on appeal has dismissed the suit on the ground that questions are raised

which can only be tried by a Civil Court. We have not been referred to any such question. The District Judge does not find that the plaintiffs are

not in law tenants of the defendant. If they are tenants they are entitled to ask for a pattah unless the exchange of pattah and muchilika has been

dispensed with. All the questions that may arise on the footing of the plaintiffs'' tenancy may be dealt with by the Revenue Court so far as may be

necessary to determine the terms of the pattah.

2.

We must set aside the District Judge''s decrees and remand the cases to him for disposal according to law. The costs in this Court will be

provided for in the revised decree.