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V. Ponniah Nadan And Ors. vs T.N. Deivanai Ammal And Ors. on 15 August, 1918 cites

Chandrasekharaswami Siva Matha Temple ... vs Nainar Ammal And Ors. on 25 September, 1917

Now I come to the last case quoted before us, Chandrasekharaswami v. Nainar Ammal 43 Ind. Cas. 977 : 7 L.W. 194 : (1918) M.W.N. 819. There are two statements in it; one is that the second Appellate Court is bound by the findings of fact on the question of occupancy right at which the District Judge has arrived. If the judgment has been based upon that view of the functions of the second Appellate Court, no exception could be taken to the conclusion arrived at in this case. But the learned Judges also proceed to lay down the principles upon which the case should be decided. I cannot help observing that in the body of the judgment the use of the words tenant and landlord, which is the very fact to be established by the evidence, has to some extent clouded the issue to be decided. The expressions tenant and landlord have special meanings assigned to them in our legislative enactments. One feels, on reading the decision, as if the principle applicable to cases under the Estates Land Act had been unconsciously adopted in the disposal of the case.
Madras High Court Cites 9 - Cited by 1 - Full Document
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