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1965 Supreme(SC) 226

R.S.BACHAWAT, K.SUBBA RAO, J.R.MUDHOLKAR
Sarangadeva Periya Matam – Appellant
Versus
Ramaswami Goundar – Respondent


Advocates:
A.V.VISHWANATHA SASTRI, D.P.Singh, M.K.RAMAMURTHY, R.Ganapathy Iyer, R.K.GARG, S.C.AGRAWAL, S.S.JAVALI

Judgment

BACHAWAT, J. : Shri Sarangadeva Periya Matam of Kumbakonam was the inamholder of lands in Kannibada Zamin, Dindigul Taluk, Madurai District. In 1883, the then mathadhipathi granted a perpetual lease of the melwaram and kudiwaram interest in a portion of the inam lands to one Chinna Gopiya Gounder, the grandfather of the plaintiff-respondent on an annual rent of Rs. 70. The demised lands are the subject-matter of the present suit. Since 1883 until January 1950, Chinna Gopiya Goundar and his descendants were in uninterrupted possession and enjoyment of the suit lands. In 1915, the mathadhipathi died without nominating a successor. Since 1915, the descendants of Chinna Gopiya Gounder did not pay any rent to the math. Between 1915 and 1939 there was no mathadhipathi. One Basavan Chetti was in management of the math for a period of 20 years from 1915. The present mathadhipathi was elected by the disciples of the Math in 1939. In 1928, the Collector of Madurai passed an order resuming the inam lands, and directing full assessment of the lands and payment of the assessment to the math for its upkeep. After resumption, the lands were transferred from the "B" Register of inam lands













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