Chennai Court October 1912 Judgments

Periathambi Gowndan Vs. Periya Gowndan

Court: Chennai

Reported in: 17Ind.Cas.489

1. The defendant in the suit applied, for the grant of certain land, to the Revenue OFFICER of Government in 1903. The plaintiff, who was as adjoining owner and who, according to darkhast rules, had a preferential claim to have the land allotted to him, then stated that he did not want it. The Revenue Inspector required the defendant to clear the land of prickly pear. While inquiries for allotting the land were in progress, the defendant spent a considerable amount of money on the land. Subsequently, when the darkhast inquiry was resumed, the plaintiff broke faith with the defendant and made an application for the land. Unfortunately, the Revenue Authorities granted it to him and ignored the claims of the defendant. The plaintiff, having got a patta from Government, instituted, this suit for recovery of possession from the defendant.2. Both the lower Courts disallowed his claim on the ground that plaintiff was estopped by his previous disclaimer from setting up a claim to recover the l...