Judgement

Appeal from a judgment and decree of the High Court (October 28, 1914), affirming, with a variation, a decree of the District Judge of Madura.

The suit was brought in 1908 against the appellant, the Raja of Ramnad, for a declaration of right to an annuity payable at the rate of Rs.700 monthly under an agreement of compromise made in 1861, and for payment thereof together with considerable arrears due.

The agreement sued on was in compromise of litigation in which one Sivaswami Tevar had claimed the zamindari of Ramnad from the then Rani, alleging that he was an adopted son of her deceased husband. The compromise was reported to the Court in two petitions dated January 8, 1861, one in English and one in Tamil. The petition in English stated the terms as follows " The above zamindari, with all its appurtenances^ shall be held and enjoyed by the aforesaid defendant" (i.e., the Rani) " by her adopted son, Matta Ramalinga Setupathi, or by anyone in whose favour the defendant may make

91 Law Rep. 46 Ind. App. 64 ( 1918- 1919) Raja of Ramnad V. Sundara Pandiyasami Tevar

192

any arrangement, or by the heirs of the said defendant from generation to generation. To such enjoyment ne