PENUJURI GOVINDAPPA Vs. D. CHAYYAPPA
HIGH COURT OF MADRAS
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Byers, J. -
(1.) THE exchange of patta and muchilika is necessary for summary recovery under Section 112 of the Madras Estates Land Act and not for a suit under Section 77 of the Act. There is no substance in this objection to the claim.
(2.) BUT regarding the claim to charge for water, the appellant is on firmer ground. The water is taken direct from a Government source and therefore the charge for it is not " rent " within the meaning of Section 3(11) of the Act because the water is not supplied by the landholder. Mr. K. Sreenivasa Rao relied on the decision in Doraiswami Gurukkal v. : AIR1931All449 but that relates to Section 3(11) as it stood in 1925.
(3.) CLAUSE 11 has since been amended in 1934 and a charge can be made for water only when it is supplied by the landholder. If Government water passes first into the landholder's source and thence to the tenant's land, the case would be different; but it appears to be both parties' case that the water is taken direct from the Government source, so that the tenant is liable under the Madras Irrigation Cess Act.;
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