UNDE RAJAHA RAJE RAJAH VELUGOTI SREE GOVINDA KRISHNA YACHENDRULAVARU RAJAH OF VENKATAGIRI BAHADUR Vs. THATIKOLA SUBBIAH

JUDGEMENT

(1.) The question referred to us is this. Whether the word tenant in Section 20 Clause 3 of Madras Act IV of 1897 includes the grantees of a rent free inam in a Zamindari Clause (3) referred to runs thus: The amount so apportioned shall be recoverable by the proprietor from the tenants concerned in the same manner as if it were an arrear of rent due by a tenant to his landlord.

(2.) It will be seen that the clause contains the words "tenants" and "tenant." The reference speaks of "tenant": but I feel no doubt that the word of which our interpretation is desired is the word "tenants" preceding the word "concerned."

(3.) On general principles I should much like to adopt Spencer, J.'s interpretation. There is no reason why the holder of a rent free Inam should not contribute equally with his neighbour, a ryot paying rent, to the cost of the survey, which is for the benefit of both. And Section 10 Which governs the case of Government land, and speaks of the registered holder would apparently affect Inamdar equally with the ryot." But we have to interpret the section as it stands: and I am reluctantly forced to the other view.