High CourtsDivision Bench(1915) 03 MAD CK 0023

Sri Hotha Virabhadrayya Pantulu vs Revenue Divisional Officer, Polavaram and Another

Madras High Court · Decided on 8 March 1915 · Citation: AIR 1916 Mad 733 : 29 Ind. Cas. 8

HON’BLE JUDGES
John Edward Power Wallis, C.J · Tyabji, J

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Judgment

11 paragraphs · 260 words
1.

We think the terms of the muchilikas, Exhibit A, etc., which were entered into before the passing of the Madras Estates Land Act, were

intended to amount to an admission by the tenant that he had no permanent interest in the holding and no claim to any compensation in the event of

Its being acquired by Government. We think, however, that the muchilika must be read with reference to the state of things when it was entered

into, and that the terms in question cannot be read as an agreement by the tenant to transfer to the landlord this right to compensation in respect of

any interest in the holding which might afterwards be conferred upon him by the Legislature. We think, therefore, that the Government Agent was

right in holding that the 2nd respondent was entitled to a share. As regards the amount owe, compensation, the Government Agent does not say

that he has taken the tenant''s interest into account and refers only to the landlord''s interest. The value of the landlord''s share as paid by him being

Rs. 3 per annum, it is conceded that the tenant''s interest may be estimated at a like amount and 20 years'' purchase at Rs. 120 an acre be

awarded for the whole with the usual 15 percent, of which the appellant will be entitled to one-half and the 2nd respondent to the other half. The

appellant must pay the 2nd respondent''s costs of the appeal and will recover proportionate costs against the 1st respondent who has not entered

an appearance.