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1893 Supreme(Mad) 143

Abdul Rahiman Sahib – Appellant
Versus
Anna Pillai – Respondent


JUDGMENT

1. This was a suit to enforce the acceptance of a patta under Act VIII of 1865. The land in respect of which the patta was tendered admittedly belongs to a mosque called Kazi Abdulla Azaris mosque. Appellant claimed to be respondents landlord under a permanent lease granted to him by one Abdul Rahiman and his three sisters whom he described to be entitled to the land. He further alleged that respondent was a tenant cultivating about 4 acres of land. It was conceded that appellant duly tendered a patta but respondent denied that the former was his landlord. He contended that Abdul Rahiman granted a lease for 35 years to one Raghavendra Row who sublet the land to him. The first issue in the case was whether appellants lessors were competent to execute the permanent lease in his favor and the Deputy Collector decided the question in appellants favor, observing that Abdul Rahiman who granted the lease to Raghavendra Row was only one of four Inamdars, whilst all the four Inamdars granted the permanent lease to appellant, that Raghavendras lease was further a benami transaction, and that it was never acted upon. On appeal, the judge dismissed the suit and rested his decision on t




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