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1976 Supreme(SC) 507

M. H. BEG, A. N. RAY, JASWANT SINGH
G. Ponniah Thevar – Appellant
Versus
Nallpyam Perumal Ptllat – Respondent


Advocates:
K.RAJENDRA CHAUDHARY, K.S.Ramamurthy, M.S.GOPALKRISHNA, T.S.KRISHNAMURTHY IYER, VINA DEVI KHANNA

Judgment

BEG, J.:- This appeal by special leave raises quite a simple question of interpretation of the provisions of the Madras Cultivating Tenants Protection Act, 1955 (hereinafter referred to as the Act), which, we think, have been ignored entirely by the Madras High Court in the judgment under appeal.

2. The undisputed facts are: one Annamalai Pillai died leaving behind two widows, namely Annamalai Ammal and Veerayee. The last mentioned lady instituted a suit No. 482 of 1927 in the Court of District Munsif, Periyakulam, for partitioning the properties of the deceased, impleading the other widow and a nephew of the deceased Annamalai Pillai as defendants. That suit ended in a compromise dated 6th July, 1935. Under the terms of the compromise decree, some land was given to Annamalai Ammal for enjoyment during her lifetime, and, thereafter, absolutely to the sons of the second defendant of suit No. 482 of 1927. Annamalai Ammal died on 26th July, 1958. She had, however, during her lifetime, inducted a tenant, G. Ponniah Thevar, the appellant before us, by means of a lease dated 27th March, 1961 (sic). After the death of Annamalai Ammal, the plaintiffs-respondents, as remainder-men, s



























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