SREE BHANIREDDI VENKAN DORAGARU Vs. SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR, GODAVARI DISTRICT

JUDGEMENT

(1.) The plaintiffs brought this suit against Government for a declaration, that the sale of the villages of Peddipalum and Ankampalum in their Peddipalum Mokhasa for arrears of Revenue was illegal and to recover the property from the 2nd defendant, who purchased it at the revenue sale. The Subordinate Judge dismissed the suit because he found that the plaintiffs had no case on the merits fend because the suit was, in his opinion, barred by limitation. The plaintiffs appeal.

(2.) There is no dispute about the fact that this Mokhasa was held by the grantees and their heirs upon a favourable jodi or quit rent on condition of rendering military service and that it was liable to be subjected to the payment of full assessment in case of any alienation of the land; that in December 1906 the Government imposed full assessment on the ground that there had been such alienation, and that in March 1907 these villages were sold by an officer of Government purporting to act under the sections of Madras Revenue Act II of 1364, which provide for sales of immoveable property for default in payment of the revenue on the due dates.

(3.) There can be no doubt that this suit, which was instituted in July 1914, is barred by Section 59 of Act II of 1864, if that section which allows only 6 months time for "parties deeming themselves aggrieved by proceedings under this Act" to institute suits in a Civil Court is applicable to it. Mr. A. Krishnaswamy Ayyar for the appellants argues that if the Government acted illegally in imposing the full assessment there were legally no arrears of revenue and that the revenue sale was consequently held without any jurisdiction and must be treated as void ab initio.