Madras High Court
Muttuvayyangar vs Kudalalagayyangar on 2 October, 1882
Equivalent citations: (1883)ILR 6MAD97
JUDGMENT
Innes and Muttusami Ayyar, JJ.
1. We are of opinion that Section 265*, Civil Procedure Code, does not apply to property held on raiyatwari tenure, but to permanently-settled estates.
2. As to the other grounds of appeal, we think that the Acting District Judge Mr. Turner, ought not to have disposed of the appeal without considering the grounds of appeal put forward by the appellant. It is objected that he did not consider them, and the judgment, which is very brief, appears to indicate that he failed to give attention to the several reasons set out by appellant on which the propriety of the Munsif 's judgment was alleged to be open to question.
3. We shall set aside the order of the late Acting District Judge and remand the appeal for rehearing. The costs will be costs in the cause.
* Partition of estate or separation of share.
[Section 265: If the decree be for the partition or for the separate possession of a share of an undivided estate paying revenue to Government, the partition of the estate or the separation of the share shall be made by the Collector.]