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1985 Supreme(SC) 174

V.KHALID, V.D.TULZAPURKAR
State Of T. N. – Appellant
Versus
Ramalinga Samigal Madam: K. L. M. Ramamurthy – Respondent


Advocates:
A.V.RANGAM, B.PARTHASARTHY, GOPAL SUBRAMANIUM, S.BALAKRISHNAN, T.S.KRISHNAMURTHY IYER

JUDGMENT

TULZAPURKAR, J.:— These appeals raise a common question of -law for our determination, namely, whether a Civil Courts jurisdiction to determine the nature of the land in respect whereof a Ryot has sought a Ryotwari Patta under S. 11 of the Tamil Nadu Eastates (Abolition and Conversion into Ryotwari) Act 1948 (for short the Act) is ousted or barred under S. 64-C of that Act?

2. The material facts giving rise to the question in both the appeals are almost similar and therefore, it will suffice if facts obtaining in Civil Appeal No. 474 of 1971 are alluded to in details. In this case one Ramalinga Samigal Madam, a religious Math through its trustee Sutha Chaitnya Swamigal filed a suit (O.S. No. 184 of 1959) in the Court of District Munsiff at Manamadurai for declaration of its title to the suit land admeasuring 3.55 acres being a portion of Survey No. 114 and for an Injunction restraining the State of Tamil Nadu (Defendant-Appellant) from. interfering with its possession and enjoyment of the same. The Plaintiff Madam claimed title to the suit land on the basis of its long and uninterrupted possession since prior to 1938 as also under an Order of Assignment (Ex. A-1) dated 29-1

















































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