Judgement

Appeal (No. 11 of 1946) from a judgment and decree of the High Court (March 23, 1944) reversing a judgment and decree of the Subordinate Judge of Devakottai (July 16, 1942).

The following facts are taken from the judgment of the Judicial Committee The suit in which the appeal was brought was instituted by two plaintiffs, Al. Ar. Vellayan Chettiar and Rao Bahadur,

O.A.P.R.M. Arunachalam Chettiar, against the respondents, the Government of the Province of Madras and the Municipal Council of Karaikudi, claiming to have set aside the decision of the Appellate Survey Officer in regard to certain land in Karaikudi village by declaring that such land belonged to them, with other appropriate relief. The first plaintiff died while this appeal was pending and was represented by the third appellant, Al. Ar. Kalairaja.

The decision of the Appellate Survey Officer having been given on January 19, 1935, notice was on June 30, 1936, given on behalf of the first plaintiff only to the Collector of Madura claiming that that decision was erroneous and that the erection of certain structures and certain work done by the second respondent were unlawful, and threatening that unless amends were