High Courts(1929) 04 MAD CK 0037

The Secretary of State for India in Council vs Sannidhiraju Subbarayudu and Others

Madras High Court · Decided on 24 April 1929 · Citation: 122 Ind. Cas. 648 : (1929) 30 LW 946 : (1929) 57 MLJ 477

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Judgment

14 paragraphs · 330 words
1.

The suit out of which the appeal arose was to recover Rs. 8-13-2. The claim for this amount is no doubt a recurring claim as the Government

claim to levy water-cess annually. Capitalising at twenty times the amount, the value of the suit is less than Rs. 180. The suit does not involve

property or claim of the value of Rs. 10,000 directly. It is then argued that it involves a like claim indirectly, simply because similar questions may

arise in this Presidency in other estates or other districts or in connection with other rivers. We do not think that this is the proper interpretation of

the word ""indirectly."" If the decision of an issue in this case makes the decision of the same issue in other cases res judicala or some such similar

connection can be shown, the value of other disputed matters may be taken into consideration. This is the view taken by one of us and

Venkatasubba Rao, J., in C.M.P. No. 793 of 1929 (see 27 CWN 1 (Privy Council) . It is suggested that 240 acres of the suit zemindari may be

possibly irrigated hereafter. This is a bare assertion by the suits'' clerk in the Collector''s Office and we do not know his means of knowledge. His

affidavit does not disclose how he knew anything of the region with which the suit is connected. The counter-affidavit states that only 170 acres are

liable to irrigation hereafter. This is getting into a region of conjectures and bare possibilities and we do not think it is justified by the use of the

word ""indirectly.

2.

It is next contended that it is a matter of general importance. After the decisions of the Privy Council in 21 CWN 1089 (Privy Council) and 24

CWN 446 (Privy Council) we think that the matter is finally settled and that there is no question to be agitated as one of public importance.

3.

The petition is dismissed with costs.