RADHAKRISHNA AYYAR Vs. SUNDARASWAMIER

JUDGEMENT

(1.) THIS is an appeal against a decree of the High Court of Judicature at Madras, dated November 14, 1916. It varied a decree of the District Judge of Tanjore, dated January 18, 1915. The suit between the parties was brought in the Revenue Court of Kumbakonam under Section 77 of the Estates Land Act (I. of 1908, Mad.). The claim of the plaintiff was for rent said to have accrued and to be due by the defendants in respect of their holdings in accordance with the terms of a puttah which will be afterwards noted. No further reference is required to the various stages of the litigation.

(2.) A preliminary question, however, is raised as to whether the appeal is competent. It is pointed out by the respondent, who makes the objection, that the rent sued for amounted to Rs. 4500, being rent for three years in arrear. The respondent accordingly contends that it sufficiently appears that the amount or value of the subject matter of the suit is not Rs. 10,000, as required by Sections 109 and 110 of the Code of Civil Procedure, 1908; and upon the case reaching this Board their Lordships, on December 3, 1920, held that the certificate quoad value was at least ambiguous, and that such certificates " ought to be given in such a form that it is impossible to mistake their meaning on their face."

(3.) IT is admitted by both parties that there did exist in the proceedings an order of September 21, 1917, in the following terms :