Chennai Court August 1867 Judgments

Venkata Narasimha Nayudu Vs. Kotayya

Court: Chennai

Reported in: (1897)7MLJ251

1. In this. case the plaintiff, the holder of a permanently settled estate, seeks, among other things, to eject the defendant from certain lands. Admittedly, the lands are situated within the plaintiff's estate and are subject to an annual' assessment payable by the defendant to the plaintiff.2. The decision of the case depends solely upon these facts, no other facts having been satisfactorily established by the evidence.3. In this state of the case the Lower Appellate Court dismissed the suit in so for as the prayer far possession was concerned. On behalf of the plaintiff it was contended that the dismfssal was erroneous and that the error was caused by the lower appellate Court having wrongly thrown the onus of proof on the plaintiff. The argument in support of the contention. was that upon the admitted facts, the finding must be that the defendant was a tenant from year to year and as due notice to quit had been given, the tenancy had been determined before the date of the action an...