PENUJURI GOVINDAPPA Vs. DCHAYYAPPA

JUDGEMENT

(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.

(3.) Mr. K. Sreenivasa Rao relied on the decision in Doraiswami Gurukkal v. Subramania Gurukkal but that relates to Section 3(11) as it stood in 1925.