REGULATION COLLECTOR OF UTHUMALAI ESTATE Vs. RSUBBIER

JUDGEMENT

(1.) This appeal relates to a claim duly preferred to the Regulation Collector of the Uthumalai estate for a sum due to the claimant by the estate. The claim was made within six months of the publication of a notification under Section 30 of Regulation V of 1804 as amended by Madras Act IV of 1899, and at the time when it was made in December of ICOI its recovery by suit in a Civil Court was not barred by the Limitation Act.

(2.) A Collector, for the purpose of executing decrees which were in force against the estate, generally called a Decree Collector, as opposed to a Regulation Collector, was appointed on the 20 September 1901.

(3.) A new Regulation Collector was appointed on the 30 October 1901, and, as already stated, the present claim was made to the Regulation Collector on the 1 December 1901. On the 17 September 1902 the Decree Collector called on the Regulation Collector under Rule 3 of the rules framed under the Act " to furnish him with full particulars of all claims notified to him under Section 30." It was the duty of the Regulation Collector to " thereupon furnish the (Decree) Collector with such particulars" and to state in regard to such claim whether it was allowed or disallowed in whole or in part.