T.r.m.t. Subramaniam Chettiar And Others
v.
Secretary Of State For India By The Collector Of Ramnad
(High Court Of Judicature At Madras)
Second Appeal No. 73 Of 1913 | 23-02-1915
[1] This is an appeal from a decree of the Subordinate judge s Court of Ramnad dismissing a suit brought by the plaintiffs against the Secretary of State for India in Council for a declaration that the Government order of the 10th February 1510 directing the suit village to be fully assessed was not valid and for an injunction. The evidence clearly shows that the suit village was lakiraj or exempt from the payment of revenue at the date of the Permanent Settlement and that it was excluded from the settlement under Section 4 of the Regulation 25 of 180
2. Further it is now admitted that the Section 2 of the Regulation 31 of 1802 which confirmed certain grants of this kind did not apply to Ramnad where the suit village is situated. The Inam Commissioner in 1864 recommended that the village should be fully assessed, but it was not until February 1910 that effect was given to his recommendation by Exhibit A.
[2] The case is clearly governed by the decision in Uddupalli Jagannadham v. The Secretary of State for India in Council (1908) I.L.R. 27 M.
16. But there is no period of limitation for the exercise by Government of its right to impose assessment on land liable thereto. The appeal therefore fails and is dismissed with costs.
2. Further it is now admitted that the Section 2 of the Regulation 31 of 1802 which confirmed certain grants of this kind did not apply to Ramnad where the suit village is situated. The Inam Commissioner in 1864 recommended that the village should be fully assessed, but it was not until February 1910 that effect was given to his recommendation by Exhibit A.
[2] The case is clearly governed by the decision in Uddupalli Jagannadham v. The Secretary of State for India in Council (1908) I.L.R. 27 M.
16. But there is no period of limitation for the exercise by Government of its right to impose assessment on land liable thereto. The appeal therefore fails and is dismissed with costs.
Advocates List
For the Appearing Parties ----
For Petitioner
- Shekhar Naphade
- Mahesh Agrawal
- Tarun Dua
For Respondent
- S. Vani
- B. Sunita Rao
- Sushil Kumar Pathak
Bench List
HON'BLE CHIEF JUSTICE MR. JOHN EDWARD POWER WALLIS
HON'BLE MR. JUSTICE COUTTS TROTTER
Eq Citation
(1915) 28 MLJ 392
1915 MWN 276
28 IND. CAS. 639
AIR 1916 MAD 696 2
LQ/MadHC/1915/73
HeadNote
Land Law Practice and Procedure — Assessment — Exempt lands — Government order directing full assessment — Held, the case is clearly governed by Uddupalli Jagannadham, AIR 1908 Mad 16 — But there is no period of limitation for the exercise by Government of its right to impose assessment on land liable thereto
Thank you for subscribing! Please check your inbox to opt-in.
Oh no, error happened! Please check the email address and/or try again.