Chinnasamy Ayyar v. Rathnasabapathy Pillay

The payment of cist made by the petitioner to Government in respect of lands decreed to him but withheld from him by the respondents pending an appeal and second appeal preferred by the latter is certainly not an officious payment made by the petitioner but a payment made by one interested in such payment which the respondents, as the persons in actual possession were bound by law to pay. The petitioner, while recovering possession of the and with mesne profits, gave credit to the respondents for the proportionate cist chargeable on the land, in assessing mesne profits for the fasli in question, viz., 1308. He is therefore clearly entitled to the amount sued for which he paid to Government as the cist due for fasli 1308 for the land decreed to him as well as the land belonging to the respondents, both of which were subject to a consolidated assessment. The revision petition is allowed with costs throughout and the plaintiff will have a decree for Rs. 304-5-9 with interest thereon at 6 per cent, from the dates of the respective payments until this date with further interest fit 6 per cent on the aggregate amount including cost until date of payment.