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IN THE HIGH COURT OF MARAS
C A Turner, Kt., Kernan, Kindersley, M Ayyar, Hutchins
Muttuchidambara
Versus
Karuppa
Decided On : 28 January, 1884
Section 265 - Code of Civil Procedure - Applicability to Raiyatwari Holdings - The court held that the provisions of Section 265 of the Code of Civil Procedure, requiring that a decree for the partition of an estate paying revenue to Government be executed through the Collector of the District, are not applicable to raiyatwari holdings.
Fact of the Case:
The question for decision was whether the provisions of Section 265 of the Code of Civil Procedure, requiring that a decree for the partition of an estate paying revenue to Government be executed through the Collector of the District, are applicable to raiyatwari holdings.
Finding of the Court:
The court set aside the orders of the District Judge and the Munsif, and directed the Munsif to pass fresh orders.
Issues: The main issue was the applicability of Section 265 of the Code of Civil Procedure to raiyatwari holdings.
Ratio Decidendi: The court held that raiyatwari holdings were not estates paying revenue to Government, and the construction that they are not has always been acted upon in the Presidency. The court was not prepared to disturb a practice so long established.
Final Decision: The court directed the Munsif to pass fresh orders and ruled that the costs of the appeal will abide and follow the result.
Charles A. Turner, Kt., C.J., Kernan, Kindersley, Muttusami Ayyar and Hutchins, JJ.
1. The question for decision is whether the provisions of Section 265 of the Code of Civil Procedure, requiring that a decree for the partition of an estate paying revenue to Government be executed through the Collector of the District, are applicable to raiyatwari holdings. This section corresponds with Section 225 of the Code of 1859. It was held by the Sadr Court that raiyatwari holdings were not estates paying revenue to Government, and this construction has always been acted upon in this Presidency. It would unsettle a large number of titles to adopt a different construction now, and whatever we might have thought if the matter had come before us as res Integra, we are not prepared to disturb a practice so long established.
2. The orders of the District Judge and the Munsif must be set aside and the Munsif directed to pass fresh orders. The costs of the appeal will abide and follow the result.
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