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1995 Supreme(SC) 528

S.C.AGRAWAL, SUJATA V.MANOHAR
R. Manicka Naicker: M. Elumalai: Mariammal – Appellant
Versus
E. Elumalai Naicker – Respondent


Advocates:
A.T.M.SAMPATH, B.Kanta Rao, C.S.Panda, DIPAK M.NARGOLKAR, K.RAM KUMAR, M.A.KRISHNAMURTHY, R.N.Ramalingam, R.Sundaravaradan

JUDGMENT

Mrs. SUJATA V. MANOHAR, J.: —Delay in filing special leave petitions out of which Civil Appeals Nos. 111 and 112 of 1984 arise, is condoned.

2. Leave in Special Leave Petition No. 2186 of 1995 is granted.

3. The land which is the subject-matter of dispute in these appeals was originally Minor Inam Land. Minor Inams were extinguished on and from the notified date i.e 15-2-1965 on the coming into force of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as the said Act). On the abolition of Minor Inams, ryotwari pattas were granted to the persons so entitled under the provisions of the said Act.

4. For the sake of convenience, the facts referred to hereinafter are those in Civil Appeals Nos. 111- 112 of 1984. The facts in other appeals are similar to these facts.

5. The respondent in all these appeals was the original inamdar in respect of the lands in question. The appellant was his tenant. The appellant had constructed a structure on the said land.

6. The respondent filed a suit being O.S. No 4421/70 in the City Civil Court at Madras for recovery of the said land from the appellant on the ground of non-payment of rent and on o























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