Judgement

This was an appeal from a decree of the High Court of Judicature at Madras, bearing date the 13th of May, 1870, which partly reversed and partly confirmed a decree of the Civil Judge of Madura, bearing date the 14th of April, 1869.

The suit in which the appeal arose was brought by the Appellant against the Respondents to recover the sum of Rs.39,678, 11 a. 11p., being principal and interest due under a razinamah executed by the late Zemindar of Gundamanaikanoor.

The zemindary of Gundamanaikanoor is an ancient estate in the district of Madura, in respect of which no sunnud under Reg. XXV. of 1802 had been granted to the zemindar.

The late zemindar appears to have come into possession of his estate somewhere about the year 1837, being then a minor.

During his tenure of the estate disputes arose between the late zemindar and his ryots, which resulted in a litigation spreading over eight or nine years, during which the rents were not collected In consequence, the Government peshcush fell into arrear, and the collector issued an order directing the attachment of the zemindary. For the purpose of discharging these arrears, and also of making the necessary repairs of dams, the l