AIR 1920 MADRAS 556 ::(1920) 12 Mad LW(136) 767 ::1920 (12) Mad LW 767 ::(1920) 54 Ind Cas 816

Madras High Court

Hon'ble Judge(s): Bakewell, Odgers , JJ

(A) Madras Hereditary Village Offices Act (3 of 1895) , S.13, S.21— (Per Bakewell, J.) Term "claim to succeed" in S, 21 applies to vacancy or newly created office - (Odgers, J., contra). Per Bakewell, J. : - The words "claim to succeed" in S. 21 should not be understood in the strict sense of the acquisition of an interest upon the death of a person, but mean the right to be appointed upon a vacancy in office. They include therefore the right to be appointed to a newly created office.Per Odgers, J. - The words "claim to succeed" in S. 21, do not include any claim to be appointed in the first instance to any of the village offices set forth in the Act. (B) Jurisdiction - Civil - (Per Bakewell, J.) - Suit for declaration about being entitled to village office is not cognizable by civil Court - (Odgers, J., contra). Per Bakewell, J. - A suit for a declaration that a person is or is not entitled to a village office is not cognizableby the civil Courts.Per Odgers, J. - A suit merely for a declaration that a person is entitled to a village office is cognizable by the civil Courts. .....