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1919 Supreme(Mad) 86

J.WALLIS
Sir Rajah Bommadevara Venkata – Appellant
Versus
Rani Venkatappaya – Respondent


JUDGMENT

John Wallis, C.J.

1. In this case, a batch of appeals and a connected batch of second appeals have been argued together. The appeals are from decrees of the Subordinate judge of Bezwada ordering the defendant Zemindar to refund to his tenants excess rents for Fasli 1316 and the following Faslis which the Zemindar has recovered from them by suits on the authority of the decision of this Court in Venkata Nara-simha Naidu v. Kasaraneni China Bapayya (1908) I.L.R. 33 Mad. 12 between the same parties for Fasli 1315, When these suits were decreed, the decree of this Court was under appeal to the Privy Council which reversed it in Ravi Veeraraghavulu v. Venkata Narasimha Naidu Bahadur (1914) I.L.R. 37 M. 443 : 27 M.L.J. 451 (P.C). The Subordinate Judge has decreed the suits on the authority of Shama Pershad Roy Chowdhry v. Hurro Pershad Roy Chowdury (1865) 10 M.I.A. 203 as interpreted by the majority of the Full Bench in Jogesh Chunder Dutt v. Kalichurn Dutt (1877) I.L.R. 3 C. 30 F.B. In Shama Prasad Roy Chowdhry v. Hurro Prasad Chowdhry (1865) 10 M.I.A. 203. the defendant had brought two earlier suits against the plaintiff to recover his share of a debt which the plaintiff was ent





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