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1909 DIGILAW 10 (MAD)

G Narayanasawmy Naidu, receiver, Nidudavole Estate v. Gottimukalu Sitaramayya

1909-01-15

ABDUR RAHIM

body1909
JUDGMENT Abdur Rahim, J. 1. I think the decision of the Munsif is in accord with the rulings of this Court. See Karkarla Abbeyya v. Raja Vengata Pappayya 16 M.L.J. 8 and Naruyana Aiyengar v. Orr (3). In the case of Bodda Goddappa v. The Maharaja of Vizianagaram 17 M.L.J. 64 relied on by the petitioner, the question for decision is expressly confined to the right of the ryot to cut growing trees to the detriment of the reversionary interest of the zemindar, and the learned Judges upon that ground steer clear of the cases of Karkarla Abbeyya v. Raja Vengata Pappayya 16 M.L.J. 8; Narayana Aiyengar v. Orr 26 M.k 252 which lay down that the property in the trees belongs to the occupancy tenant and not to the zemindar in the absence of proof of a special custom to the contrary. This petition is dismissed with costs.