Back
IN THE HIGH COURT OF MADRAS
Ralph Benson, Offg. C.J. and Miller, J.
Muthayya Reddi and Ors.
Versus
Sudalaimuthu Nadar
Decided On : 23.08.1909
Public Streets - Cause of Action - The court found that the streets are public streets and that there was ample evidence to support it. The order of the Magistrates, intended to be renewed from time to time until made permanent, was considered to furnish a cause of action just as much as a Government Order.
Fact of the Case:
The District Judge found that the streets are public streets and there was ample evidence to support it.
Finding of the Court:
The court dismissed the appeal and the memorandum of objection with costs.
Issues: The finding of the District Judge, cause of action, and the renewal of the order of the Magistrates were the key issues.
Ratio Decidendi: The order of the Magistrates, intended to be renewed from time to time until made permanent, was considered to furnish a cause of action just as much as a Government Order.
Final Decision: The appeal and the memorandum of objection were dismissed with costs.
1. There is a finding by the District Judge that the streets are public streets and ample evidence to support it.
2. As to the cause of action we think the order of the Magistrates--which they intended to renew from time to time until made permanent--furnished a cause of action just as much as the Government Order which was held in Kundasami Moodali v. Subbaraya Moodali 19 M.L.J. 617 : 1 Ind. Cas. 716. to have this effect.
3. The appeal is dismissed with costs.
4. The memorandum of objection is dismissed with costs.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
