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1970 Supreme(SC) 51

A.N.GROVER, J.C.SHAH, K.S.HEGDE
Chinnamuthu Gounder – Appellant
Versus
P. A. S. Perumal Chettiar – Respondent


Advocates Appeared:
For the petitioners: Mr. Nissar Ahmad Bhat, Adv.
For the respondents: Mr. M.A.Wani, AAG.

Judgment

GROVER, J.: These three appeals by special leave arise out of three suits filed by the plaintiff for declaration of his title to the lands described in the schedules attached to the plaints and for possession of those lands as also for arrears of rent and for mesne profits. The suit lands are situate in an inam village which is an estate within the meaning of the Madras Estates Lands Act (Act 1 of 1908) as originally enacted. The plaintiff claimed that he and his predecessors in title were ryots under the inamdars of the village and that the defendants were lesees and were only under-tenants. The defence of the defendants who are appellants before us was that the plaintiff and his predecessor in title were land-holders and not ryots and that the defendants had occupy rights by long possession and by virtue of the provisions of the aforesaid Act.

2. The trial Court, the lower appellate court and High Court have negatived the contentions of the appellants. It has been concurrently found that the plaintiff and his predecessors were ryots under the inamdar and that the appellants were only under-tenants under leases granted by the predecessors in title of the plaintiff. In other







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