High CourtsDivision Bench(1940) 09 MAD CK 0008

Udumbanthala Nalupurappatti Mammad vs Vyagram Narayana Pattar and Others

Madras High Court · Decided on 6 September 1940 · Citation: AIR 1941 Mad 305

HON’BLE JUDGES
King, J

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Judgment

5 paragraphs · 128 words

King, J.—It is a plausible argument that as ryotwari pattadars are entitled to the benefits of this Act, no matter how much land revenue they

pay, a jenmi who is also a ryotwari pattadar and who in the former capacity pays less than Rs. 500 should also be so entitled. But there are no

words in the proviso restricting the land revenue payable by a jenmi to the revenue payable only on the land so held by him and taking the clause in

its plain meaning we have here a jenmi whose total payments to Government on account of land revenue exceed Rs. 500. I cannot therefore hold

that the Court below have wrongly construed the proviso. The appeal fails and is dismissed with costs of respondent 2.