High Courts(1913) 10 MAD CK 0023

Vathiadath Ahamad Kutti Haji's daughter and Kandar Madathil Assanar's wife Kochu Rabia vs Vadakke Thalakkal Ahamad's son Abdurahman and Others

Madras High Court · Decided on 23 October 1913 · Citation: AIR 1914 Mad 267 : 24 Ind. Cas. 106 : (1914) 1 LW 422 : (1914) 26 MLJ 523

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Judgment

6 paragraphs · 142 words
1.

We are of opinion that the contract mentioned in the first question which has been referred to us is not binding on the tenant if it is less

favourable to him than Sections 5 and 6 of the Act, and that the tenant is entitled to claim compensation according to the provisions of the Act.

2.

As regards the 2nd question, we are of opinion that, having regard to the question which the court had consider in Randu purayil Kunhisore v.

Neroth Kunhi Kannan ILR (1908) M. 1 there is no inconsistency between the Judgment in that case and the judgments in Kozhikot

Sreemanavikraman v. Madathil Ananta Patter ILR (1910) M. 61 and Nechooli Parie Amma Vs. Chathanadath Kalassin Kunhikandan alias

Moothoran and Others, . We are not prepared to say that the two last mentioned cases were not rightly decided.