High CourtsDivision Bench(1903) 03 MAD CK 0013

Vedachala Gramani and Others vs Boomiappa Mudaliar

Madras High Court · Decided on 19 March 1903

HON’BLE JUDGES
Subrahmania Ayyar, J · Daxies, J
RESULT
Dismissed
CASE NUMBER
Appeal Against Order No. 155 of 1902

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Judgment

7 paragraphs · 181 words
1.

The decision of the Revenue Court was in a suit brought to settle the terms of the pattah for fasli 1309 and that decision being confirmed on

appeal, by the District Court, became final and binding on all Courts for the rent recoverable for that particular year as decided in that suit. Section

72 of the Rent Recovery Act necessarily involves this conclusion and prevents the re-opening of any question as to the rent thus settled to be due.

This view has been maintained in several unreported cases-vide Talliammalachie v. Sree Gudam Gouse Sahib Appeal No. 118 of 1900

(unreported). recently decided. The decision in the case of Rangayya Appa Rau v. Ratnam ILR 20 Mad. 392 is not in conflict with it, inasmuch as

the question of the propriety of the terms of the pattah was not there the subject matter of a suit in a Revenue Court brought to settle its terms, but

arose incidentally in a suit brought to set aside a distraint. The order of remand was therefore right and the appeal is dismissed with costs.