Posted On by &filed under High Court, Madras High Court.

Madras High Court
Kolandai Chetty vs Perumal Kavundan on 17 February, 1927
Equivalent citations: AIR 1928 Mad 369


Jackson, J.

1. The petitioner was convicted by the Sub-Divisional Magistrate,. Dharmapuri, and ordered to pay compensation of Rs. 25 under S. ,22, Cattle Trespass Act. Although there were four adjournments of the trial he never engaged a vakil; but after he was convicted, he moved the Sessions Judge in revision, this Court in revision of the Sessions Judge’s order, and this Court again direct.

2. The cattle trespass case was tried by the Sub-Magistrate, Tirupathur, North Arcot, and the accused who were as lax there, as the petitioner in this case, were convicted. The petitioner wants revision on the assumption that the Sub-Magistrate is a better Judge of fact than the Sub-Divisional Magistrate: There is no such presumption. The existence of the two judgments may assist petitioner in a departmental enquiry into his conduct; but not in revisional proceedings.

3. The only other ground is that the Court could not award compensation unless it was claimed in the complaint. There is no such restriction in the statute and the petitioner relies upon the opinion of a single Judge in Baijnath Sahay v. Emperor A.I.R. 1923 Pat. 292 which with all respect I am not prepared to follow. Rs. 25 seems to be fair in the circumstances of the case.

4. The petition is dismissed.

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