Thottilakath Puthiapurayil alias Kurikkalavita Kunhabdulla vs Thottilagath Puthiapurayil alias Kurikkalavita Abubacker and Others

Lakshmana Rao, J.—The view of the Collector that orders cannot be passed on a petition u/s 20 (1) of the Madras Act XVII of 1939 until the suit for partition under Chapter III of the Act has been finally disposed of, is opposed to Section 20, Clause (3), which requires proceedings under Chapter III to be stayed during the pendency of the petition u/s 20 (1) and his order cannot for that reason be sustained. It is accordingly set aside and the petition u/s 20 (1) is remanded to him for disposal according to law. Costs upto date will abide and follow the result.