MOCKETT
Peddiboyima Viswanatham – Appellant
Versus
Sreemat Kilambi Srinivasa Venkata Varadacharyulu Ayyavarlam Garu – Respondent
Mockett, J.
1. The petitioners are the defendants in O.S. Nos. 294, 311 and 312 of 1940 in the Court of the District Munsiff of Gudiwada; the plaintiff-respondent is the landholder. He brought these suits for rent; and he also brought a suit, O.S. No. 268 of 1940, against another tenant who is not before me. The defence was that the Court had no jurisdiction because the land concerned was an estate within the Madras Estates Land Act and therefore only the Revenue Court could . try the suit. On the 3rd July, 1941, it was held that the Court had jurisdiction and that the property concerned was not an estate. No appeal was filed against this order. On the 13th September, 1941, O.S. No. 268 of 1940, was decided by the same Munsiff in which he held that a similar property was an estate. An application was filed before the learned District Munsiff who had decided O.S. Nos. 294, 311 and 312 of 1940 to review his judgment and order in these suits. He refused to do so stating quite correctly that there was no error apparent on the face of the record. These are petitions under Section 115, Civil Procedure Code, seeking to revise that order.
2. I respectfully agree with the decisions of
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