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1956 Supreme(Mad) 320

RAJAGOPALA AYYANGAR
S. AR. ST. Arunachalam Chettiar – Appellant
Versus
S. N. S. Narayanan Chettiar – Respondent


Advocates:
R. Gopalaswami Iyengar for Petitioner.
A. Sundaram Iyer and V. Srinivasan for the Special Government Pleader on behalf of Respondents.

Order

The question arising for consideration in this Writ Petition is as regards the proper construction of section 56 of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, (Madras Act XXVI of 1948). The petitioner herein and the first respondent were rival claimants to the grant of ryotwari patta in regard to certain lands in an estate notified and taken over by the Government. Section 56 (1) of the Act under which the application was filed by the petitioner enacts:-

(1) “Where after an estate is notified a dispute arises as to (a) whether any rent due from a ryot for any fasli year is in arrear or (b) what amount of rent is in arrear or (c) who the lawful ryot in respect of any holding is, the dispute shall be decided by the Settlement Officer”.

The next sub-section runs

(2) “Any person deeming himself aggrieved by any decision of the Settlement Officer under sub-section (1) may within two months from the date of the decision or such further time as the Tribunal may in its discretion allow, appeal to the Tribunal and its decision shall be final and not liable to be questioned in any Court of law.”

No objection was raised by the first respondent to the jurisdiction






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