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1 - 3 of 3 (0.18 seconds)Section 77 in Madras Estates Land Act, 1908 [Entire Act]
D. Thyagaraja Iyer vs The Abishega Kattalai Of Tiruvarur ... on 17 July, 1947
4. If without doing violence to the language, we can construe the relevant provisions of the Act so as to avoid that result, we should do so. In our view, the word "proceeding" in Clause (3) is wide and comprehensive enough to include a suit also. If so interpreted, there would not be any lacuna in the Act or any injustice to either the land-holder or the tenant. This view was accepted also by Govindarajachari J. in Thyagaraja Iyer v. Abhishega Kattalai of Tiruvarur Devasthanam, (1947) 2 M. L J. 421 : (60 M. L. W. 719). Though the learned Judge felt some difficulty, in order to avoid the lacuna he construed the word "proceeding" in the same manner. In our view, the said judgment is correct.
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