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1934 Supreme(SC) 3

SIR GEORGE LOWNDES, SIR JOHN WALLIS, LORD THANKERTON
SECRETARY OF STATE FOR INDIA IN COUNCIL – Appellant
Versus
RAMESWA RAM DEVASTHANAM TRUSTEE – Respondent


Advocates:
Solicitor for appellant No. 1:Solicitor, India Office. Solicitors for respondent No. 1: T. L. Wilson & Co.

Judgement

Appeal (No. 91 of 1931) from a decree of the High Court (August 27, 1925) modifying a decree of the District Judge of Tinnevelly (November 10, 1919), which affirmed a decree of the Subordinate Judge of Tuticorin (January 3, 1917).

Law. Rep. 61 Ind. App. 163 ( 1933- 1934) Secretary of State v. Rameswa Ram Devasthanam Trustee 5

The suit raised a question as to the respective rights of the inamdar of the Sethukkuvoithan estate (plaintiff-respondent No. 1) and the ryots of Attur, a Government ryotwari village (appellants Nos. 2 to 4, and pro-forma respondents Nos. 2 to 23), in the distribution of the water of the river Tamparaparni by a Government scheme of irrigation ; both the inam estate and the ryotwari village were situate upon the right or south bank of the river, the former being higher up than the latter.

The facts appear from the judgment of the Judicial Committee.

The Subordinate Judge dismissed the first respondents suit, and his decree was affirmed by the District Judge upon grounds which appear in the present judgment. Upon a second appeal to the High Court the learned judges (Ramesam and Venkata-subba Rao JJ.), modifying the decree, made a declaration that the p



























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