High CourtsDivision Bench(1909) 03 MAD CK 0012

Ramaswami Naik vs Thiruvenkatam Pillai and Others

Madras High Court · Decided on 11 March 1909 · Citation: 4 Ind. Cas. 1142

HON’BLE JUDGES
Arnold White, C.J · Abdur Rahim, J

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Judgment

6 paragraphs · 115 words
1.

We are of opinion that Ex. A is a lease as was held with reference to the instrument in Seeni Chettiar v. Santhanatham Chettiar 20 M.k 58 and

not a license as was held with reference to the instrument in Maumikkutti v. Puzhakkal Edom 29 M.k 353.

2.

The plaintiff was obstructed in the exercise of his lights by the late zamindar, the successor to the zamindar, who granted the lease. The 1st

defendant is the representative of the party by whom the plaintiff was obstructed and as such he is liable in damages to the plaintiff to the extent of

the assets in his hands.

3.

The second appeal is dismissed with costs.