GOUSE MOIDEEN SAIB Vs. MUTHIALU CHETTIAR

JUDGEMENT

(1.) THE plaintiff s right to pursue the remedy granted by Section 131 of the Estates Land Act through an application to the Collector cannot take away his right of suit in the ordinary civil Court to set aside the sale on the ground of fraud, especially as the remedy by application to the Collector is accompanied by the imposition of an onerous condition to pay 5 per cent, of the purchase money as a solatium to the purchaser besides the purchase money and to make the application within a more limited period than is allowed for a suit in the ordinary courts. See Section 9 C.P.C. Section 213 Clause (4) of the Estates Land Act and the Zemindar of Ettiapuram v. Sanharappa Reddiar (1903) I.L.R. 27 M. 483. THE argument of the appellant s (first defendant s) learned Vakil that Section 189 of, the, Estates Land Act takes away the right to bring a suit in the Civil Court to set aside a sale on the ground of fraud cannot be accepted. It only takes away the right to apply to the Civil Court under 3-131 of the Estates Land Act to set aside the sale in accordance with the provisions of that Section.

(2.) THE order of the learned District Judge reversing the Judgment of the learned Munsif (who dismissed the suit as not entertainable in a Civil Court) and remanding the suit to the Munsif for proper disposal was correct, and we dismiss with costs the appeal preferred against the said order of the District Judge.