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Judges : SANKARAN,VARADARAJA IYENGAR
Abdul Kadar - Appellant
Versus
Indo Mercantile Bank Ltd. - Respondent
Case No : A. S. No. 754 of 1958
Decided On : 02/06/1959
Advocates Appeared :
T. M. Mahalingam Iyer; S. K. Bahmanadan; For Appellant P. Govindan Nair; K. Sukumaran; For Respondent
agricultural land - trade in timber - interpretation of Act XXXI of 1958
Fact of the Case:
The lower court found that the plot in question is not an agricultural or horticultural land, but rather a place for trade in timber.
Finding of the Court:
The court upheld the lower court's finding and dismissed the appeal, stating that the appellant was not an agriculturist eligible for the benefits of Act XXXI of 1958.
Issues: Interpretation of the nature of the land and eligibility for benefits under Act XXXI of 1958
Ratio Decidendi: The plot was determined to be primarily used for trade in timber, leading to the appellant being ineligible for the benefits of Act XXXI of 1958.
Final Decision: The appeal was dismissed with costs.
1. There is no merit in this appeal. On the evidence on record the finding of the lower court that the plot in question is not an agricultural or horticultural land has to be accepted as correct. The plot has been and is for all practical purposes, a place for trade in timber. The appellant was therefore rightly held to be not an agriculturist who could claim the benefit of Act XXXI of 1958 The appeal is therefore dismissed with
costs.
Dismissed.
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