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1964 Supreme(Mad) 55

S.RAMACHANDRA.IYER
Rajaiah Odayar – Appellant
Versus
Panchapakesa Iyer – Respondent


Advocates:
V. Kunchithapatham, for Petitioner.
K. Chandramouli and S. Kalyanam, for Respondent.

Order. —

This Civil Revision Petition arises from an interlocutory finding reached by the learned District Munsif of Tiruvarur in O.S. No. 47 of 1962 holding that the determination of amount of rent under section 3 (3) of the Madras Cultivating Tenants Protection Act will not be res judicata in a suit filed by the landlord for recovery of arrears of rent. Normally I would have dismissed this Civil Revision Petition on the short ground that it is not the practice of this Court to interfere with interlocutory findings given by a subordinate Court when the main matter before it had not finally been disposed of. That rule is a sound one, for the aggrieved party can always challenge the correctness of such findings in any appeal that he may file if the judgment in the suit or proceeding ultimately goes against him. But it is unnecessary for me to adopt that procedure now for I find that the view taken by the learned District Munsif is entirely correct and is supported by authority. The jurisdiction of the Revenue Court under section 3 (3) of the Cultivating Tenants Protection Act is a special limited jurisdiction for the purpose of enabling the tenant to deposit rent so as to avoid wran


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