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1941 Supreme(Mad) 121

WADSWORTH
Sri Raja Velugoti Venkata Rajagopala Krishna Yachendra Bahadur Varu – Appellant
Versus
Kuram Venkata Seshacharlu – Respondent


JUDGMENT

Wadsworth, J.

1. This revision petition is preferred by the landholder against an order of the Special Deputy Collector of Chandragiri purporting to have been passed under Section 15 (4) of Madras Act IV of 1938. The applicant before the learned Deputy Collector was the owner of a 3/16 share in an agraharam and he claimed the right to get the jodi scaled down on the basis of a deposit of the arrears for faslis 1346 and 1347, not of the whole jodi of the agraharam but of the proportionate arrears due on his 3/16 share. The learned Deputy Collector, accepting evidence that in practice the applicant had been paying his proportionate share of the rent separately from the other agraharamdars and that these payments had been received, held that the liability of the applicant was only a liability for 3/16 of the total jodi and allowed the application. It does not appear to have been realised in the Court below that the question whether the liability of the applicant was a joint and several liability or a separate liability for a proportion of the whole jodi was concluded so far as these particular faslis are concerned by the decisions which led up to decrees which decrees in fact t


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