High Courts(1896) 04 MAD CK 0008

Raghu Gowdo vs Gowdo Chandro Naiko

Madras High Court · Decided on 22 April 1896 · Citation: (1897) 7 MLJ 243

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Judgment

7 paragraphs · 149 words
1.

We cannot agree with the view taken by the District Judge to the effect that registration is conclusive.

2.

The judgment cited ILR 15 M. 484 by him does not support that position. It appears from the judgment of the Deputy Collector that the

appellant had given muchilikas to, and accepted puttahs from, Jagannadha for prior faslies, and even for this very fasli for which puttah is now

demanded. This being so, it being clear that the appellant having attorned to another landlord who is not and could not properly be made a party to

this suit, the suit must fail.

3.

Of course, it is open to the plaintiff, if so advised, to bring a regular suit against Jagannadha to declare his title.

4.

We must allow the appeal and restore the judgment of the Deputy Collector with costs in this and in the Lower Appellate Court.