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1942 Supreme(Mad) 438

WADSWORTH
Godavarti Raja – Appellant
Versus
Uttaradi Matam Sri Ramachandraswami Varu represented – Respondent


JUDGMENT

Wadsworth, J.

1. (C. R. P. Nos. 2392 of 1939 and 1647 of 1940). These two civil revision petitions arise out of applications under Section 15 of Madras Act IV of 1938 with reference to the same land. The amount due on this land is due under a decree for mesne profits. It seems to us quite clear that a decree for mesne profits passed by a Civil Court in a suit for ejectment is not a decree for rent within the meaning of Section 15 of Madras Act IV of 1938; and the fact that at a date subsequent to the passing of this decree the village in which this land is situate has become an estate under the amended Madras Estates Land Act will not alter the character of the decree already passed--vide Narayana Gajapati Raju v. Narasimhulu AIR1942Mad746 .

2. The civil revision petitions are therefore allowed with costs and the order of the learned Deputy Collector is set aside.

3. (G. R. Ps. Nos. 2393 of 1939 and 1641 of 1940).--These two revision petitions arise out of successive applications made under Section 15 of Madras Act IV of 1938, in respect of the same land. The deposit for fasli 1347 was a sum of Rs. 211-8-0. The deposit for fasli 1346 was a sum of Rs. 282 which appears to be



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