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1962 Supreme(SC) 182

M.HIDAYATULLAH, J.C.SHAH, S.R.DASS
T. R. Bhavani Shankar Joshi – Appellant
Versus
Somasundara Moopanar – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, B.K.B.Naidu, J.B.DADACHAN, K.N.RAJAGOPAL SASTRI, M.C.SETALVAD, M.I.KHVAJA, O.C.MATHUR, R.GOPAL KRISHNAN, Ravindra Narayan

Judgment

HIDAYATULLAH, J. : In this appeal on a certificate the appellant was the original Defendant No. 1 in a suit filed by the respondent under S. 55 of the Madras Estates Land Act, 1908, seeking a direction for the grant of a patta to him in regard to the suit land. The suit was decreed by the Revenue Divisional Officer, Kumbakonam, who fixed the rent at the rate of Rs. 1-8-0 per mah, the land being about 64 acres or 192 mahs.

2. This land originally belonged to what was known as the Tanjore Palace Estate, and by a suit of 1919, it fell to the share of Ry. Shivaji Rajah Saheb of Tanjore (Palace). It came into the possession and ownership of the appellant by virtue of a sale on foot of a mortgage decree obtained by his father in a suit of 1926. The appellant obtained possession in 1936. While the suit was pending, the property was in the possession of four minors through their maternal uncle, who was appointed as their guardian by the District Court, West Tanjore. In 1932, the respondent took the suit property on lease from the guardian for 3 years, by a lease deed dated July 30, 1932. Under this lease, the respondent remained in possession and enjoyment of this property till Jun





















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