High Courts(1910) 10 MAD CK 0009

Singaram Pillai and Others vs Hazarath Kibulai Syed Gulam Ghouse Sha Sahib Kadir

Madras High Court · Decided on 18 October 1910 · Citation: (1913) ILR (Mad) 438 : (1910) 20 MLJ 927

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Judgment

8 paragraphs · 179 words
1.

We think the conclusion the learned Chief Justice has arrived at is correct. Pattah for the suit fasli was tendered before the judgment of the High

Court-. Exhibit C-was pronounced. As the pattah tendered was not in accordance with the judgment of the High Court the plaintiff could not

successfully maintain a suit for rent upon it and he could not tender a fresh pattah as the fasli had by then expired. His only course in this case was

to sue u/s 9 of Act VIII of 1865 to enforce acceptance of the paltah tendered. This he did do and he had to await an adjudication u/s 10 of the

Act, and we think that limitation runs from the date of that adjudication, as it was only then that it can be said that the rent for the suit fasli was

ascertained-Rangayya Appa Rao v. Bobba Sriramulu ILR (1903) Mad. 143 We express no opinion as to the effect of the High Court''s judgment

in the case of faslis subsequent thereto.

2.

The appeals are dismissed with costs.