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Judgment
7 paragraphs · 142 wordsWe are prepared to follow the decision of this Court in Narasimhaswami v. Lakshmamma ILR 22 Mad. 436 and we think no valid distinction
can be drawn between a case where an order for ejectment is made on an application u/s 10 of the Rent Recovery Act, and a case where the
Collector dismisses an application for ejectment made under that section. In substance, the order of the Head Assistant Collector in the present
case amounts to an adjudication that the plaintiff failed to prove default on the part of the defendant. This, in our opinion, is a ""judgment"" within the
meaning of Section 69 of the Act.
The decree of the District Judge must be set aside and the case remanded to him to be dealt with according to law.
Costs of the appeal will abide the result.