Court : Chennai
Reported in : (1882)ILR5Mad76
..... farming land from the abovementioned persons or farming the land revenue under government;' and in the second, 'all holders of land under raiyatwar settlements or in any way subject to the payment of land revenue direct to government, and all other registered holders of land in proprietary right.'20. the 2nd section confers on landholders generally ..... the same manner as the latter were authorized to proceed.13. regulation xxx of 1802, a regulation framed in contemplation of the complete introduction of the permanent settlement, required all 'proprietors and farmers of land,' within six months from the time of the permanent assessment being fixed, to exchange pattas and muchalkas with their ..... have satisfied the conditions of the act, must turn upon the nature of the mortgage.29. the term farmer, when used in respect of the land system in this country, applies primarily to persons who farm the public revenue, who contract to pay a certain sum to the government recovering the dues, which .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad145
..... their tenants are zamindars, jagirdars, shrotriyamdars, inamdars, and persons farming the land revenue under government6. under section 13 all landholders under the raiyatwar settlement or in any way subject to the payment of land revenue direct to government, and all other registered holders of land in proprietary right, may proceed under the act or the recovery ..... -ant collector proceeded to show that the plaintiff was not a farmer of land either under the zamindar or under government; neither was the plaintiff subject to the payment of revenue direct to government, nor was he a registered holder of land. the suit was, therefore, dismissed with costs.3. the plaintiff appealed to the ..... that the plaintiff was not at the time of bringing the suit a registered proprietor of land? nor a landholder under the raiyatwari system, nor in any way subject to the payment of land revenue direct to government.7. the question is whether the plaintiff is one of the landholders mentioned in the first and .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad284
..... not exceeding thirty years and pays the full assessment to government-a sum equal to five times the survey-assessment ;(2) where the land is held on a permanent settlement for any period exceeding thirty years, and pays the full assessment to government-a sum equal to ten times the survey-assossment; and(3) whore the whole or any ..... in addition to ten times the assessment, or the portion of assessment so remitted ;explanation.-the word estate as used in this paragraph, moans any land subject to the payment of revenue, for which the proprietor or a farmer or ryot shall have executed a separate engagement to government, or which, in the absence of such engagement, shall have ..... to which court he must apply for relief, and it may be that his estimate will be erroneous. this is a grave inconvenience, but it is inseparable from the system of regulating jurisdiction by value, unless the legislature sees fit to make an arbitrary rule and, as yet, they have not done so.17. the subordinate judge then, .....
Tag this Judgment!Court : Chennai
Reported in : (1882)ILR5Mad397
..... . hampton 7 t. r. 269 : 2 l.c. 405.5. the difficulty arises from the final clauses of the sections of the code already noticed, the one enjoining the settlement of questions of satisfaction by an order in the course of execution, and not by a separate suit; the other prohibiting the recognition in this manner of any ..... case within the english action for money had and received upon a consideration which has failed; because, though the debtor probably may rely upon the creditor certifying the payment, the consideration for the payment is the decree. see per holloway, j., in arunachella pillai v. appavu pillai 3 m.h.c.r. 188.10. but section 258 of the code expressly ..... to recover money paid and accepted in satisfaction of a debt due. it is a suit to recover damages for the breach of the implied promise to certify the payment to the court and thereby make it effectual in execution. the consideration for which the delivery was made has wholly failed owing to the negligence or misconduct of the .....
Tag this Judgment!Court : Chennai
Reported in : (1883)ILR7Mad365
..... to depend on a difficult and generally unsatisfactory inquiry.17. in time the cultivating classes, either through apathy or ignorance of their rights, lost recollection of the settlement rates which in some places were necessarily reduced, while the rates established by usage varied with the demand for land and the prices of produce. legislative recognition of ..... contract for the year, and that no inference could legally be drawn of the subsistence of a contract to pay rent in cash from the circumstance that such payments had been made for one or more years previously. finding that the tenants had immediately repudiated the pattas tendered, he held that no contracts subsisted for the ..... and need not be further considered.3. the tenants also maintained that the attachment was illegal on the ground that they were entitled to pattas providing for the payment of varam rents, and they took no other objection to the pattas tendered than that a rent was thereby reserved in cash and not in grain. the .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad186
..... england that that court had not jurisdiction under the 32nd section to remove hostilely a trustee who was desirous of continuing in the trust. (in the matter of hodson's settlement, 9 hare, 118). this decision was followed in the later case of the matter of richard blanchard, 3 de g. f. & j. 131, and in other cases cited in lewin ..... summary character, see sections 40--43, section 32 of the trustee act of 1850 was considered in re blanchard 3 de g. f. & j. 131. see also re hodson's settlement (9 hare 118), (especially page 121 of the report) and re hadley 5 de g. & sm., 67), (especially page 70 of the report).26. the language of section 539 is .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad247
..... the cairn in question was erected at a point south of the river which (as appears from the arbitrator's award, confirmed by the deputy director of revenue settlement in march 1874) is the northern boundary of the maharjapuram shrotriem village, and, consequently, the southern boundary of the proposed forest reserved as notified under section 4 ..... the other point.13. the only evidence forthcoming on this 'other point,' i.e., the question of boundary is given by mr. higgins who was the forest settlement officer by whom the boundary in question is alleged to have been fixed. he states that the western and southern boundaries of the gattimanikona reserve, as notified under ..... situation and limits of such land;(b) declaring that it is proposed to constitute such land a reserved forest;(c) appointing an officer (hereinafter called the forest settlement officer) to inquire into and determine the existence, nature and extent of any rights claimed by, or alleged to exist in favour of any person in or .....
Tag this Judgment!Court : Chennai
Reported in : (1891)ILR14Mad441
..... prosecution in the court and shall, on proof of such refusal or delay, be also liable to pay such damages, etc.'20. the next section provides a rule for the settlement of disputes about rent, similar to that now provided in section 11. the court named in the regulation was the adawlut of the zillah, the only court of original jurisdiction .....
Tag this Judgment!Court : Chennai
Reported in : (1896)6MLJ684
..... prosecution in the court and shall on proof of such refusal or delay be also liable to pay such damages, &c.;'21. the next section provides a rule for the settlement of disputes * about rent, similar to that now provided in section 11. the court named in the regulation, was the adawlut of the zilla, the only court of original jurisdiction .....
Tag this Judgment!Court : Chennai
Reported in : (1892)ILR15Mad290
..... estimation of the loss caused to the mortgagor by the failure of the mortgagee to make necessary repairs is an item which must be considered in determining the accounts in settlement of the mortgage.2. it was a paramount duty for the mortgagee to make such necessary repairs, and we cannot accept as valid the excuse that to do so would .....
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