Zamindar of Khallikote vs Sivaram Bevarta Patnaik and Others

Jackson, J.—The learned District Judge has held that the question whether rent is payable in cash or kind is res judicata since the Collector acting u/s 75, Madras Estates Land Act, decided in a previous proceeding that the rent was payable in cash. Probably in the light of Talagapu Tavudu v. Zamindar of Tarla (19(SIC)6 32 IC 706, this is not res judicata; but the question still remains whether this Court can interfere u/s 115, Civil P.C. It is one of those hard cases which raise the question whether a Court has jurisdiction to decide wrongly, which undoubtedly it has, and that it can decide wrongly over a point of res judicata is held in Amir Hassan Khan v. Sheo Baksh Singh (1885)11Cal 6 and Amritrav Krishna v. Balakrishna Ganesh (18(SIC)7) 11 Bom. 488. The petitioner relies upon The Midnapore Zamindary Co. Ltd. Vs. Muthappudayan through his Mother and Next Friend, Muthayee, , but there it was held that this Court would interfere where an applicant had been denied locus standi. In this case there was no denial of locus standi and consequent refusal to exercise jurisdiction. It must be found that no petition lies u/s 115, Civil P.C.