C RAGHUNATHA ROW SAHIB AVERGAL Vs. VELLAMOONJI GOUKDEN

JUDGEMENT

(1.) The learned Judge confirmed the decree setting aside the distraint on the ground that it was for an excessive amount. It is contended here with reference to Section 53 (2), Estates Land Act, that the amount, in respect of which the distraint was excessive, should have been ascertained and that the distraint should have been set aside in respect of that amount only and sustained in respect of the remainder of the demand.

(2.) Section 53 (2) is general in its wording. It refers to the pattah as enforceable without qualification to the extent to which it is found to be correct. On its merits appellant s contention would appear to be in accordance with convenience and justice.

(3.) Contra it is urged first that a pattah found incorrect as to the amount of the demand is not partially correct, but totally incorrect, a partially correct pattah being for instance one found correct as to some only out of the items of the holding covered by it. No authority has been shown for this contention, and it does not commend itself on its merits.