High CourtsDivision Bench(1940) 12 MAD CK 0018

Thayyita Kalliani vs Nherakkayyil Kanaran and Others

Madras High Court · Decided on 20 December 1940 · Citation: AIR 1941 Mad 436 : (1941) 53 LW 361

HON’BLE JUDGES
Wadsworth, J

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

1 paragraphs · 112 words

Wadsworth, J.—The basis of the decision of the lower Court is erroneous. There appears to be no reason why an agriculturist tenant should not get the benefit of Act, 4 of 1938, by paying the rent on the holding for Faslis 1346 and 1347, merely because there is a cotenant who is not an agriculturist. But there is an obstacle to the petitioner''s success which was raised, though not decided by the lower Court. It appears that the landlord in this case is a melcharthdar and if so he is not a jenmi or intermediary and the rent cannot be scaled down as against him. The petition is therefore dismissed with costs.