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1934 Supreme(Mad) 61

JACKSON
Srimathu Muthu Vijiaraghunatha Duraisingam – Appellant
Versus
Venkatachalam Chettiar – Respondent


JUDGMENT

Jackson, J.

1. Plaintiffs sue for a declaration that the suit lands form part of the village of Velampettai of which defendant 1 is the landholder; and not of Thamarakulam of which defendants 2 to 5 are landholders. The District Munsif and Subordinate Judge decreed their suit and this Court on second appeal dismissed it finding that the question of ownership had already been decided in a rent suit by the Revenue Court (S.S. No. 91/21 R.D.O. Devakottah) between plaintiffs and defendants 2 to 5 and this constituted res judicata. Hence the Letters Patent appeal.

2. Under Section 189(3), Madras Estates Land Act, the decision of a revenue Court on a matter within the exclusive jurisdiction shall be binding in any civil suit. That is to say that the Legislature has provided a cheap and speedy final settlement of such rent disputes as are within the exclusive jurisdiction of the revenue Court, but of course never intended that larger questions of title and so forth should be summarily settled in this fashion. No doubt in settling a rent dispute a revenue Court may have to consider a question of title. Its decision as regards the rent sued for will be final, but as regards the title,



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