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1931 Supreme(SC) 90

Krishna Chendra; Gaja Pati; Narayana Deo – Appellant
Versus
Challa Ramanna and others – Respondent


Advocates Appeared:
K.V.L. Narasimham, E.B. Raikes , V.V. Jogiah, J.M. Parikh

Viscount Dunedin.-

This case is in a curiously unsatisfactory position. The plaintiff in it is Zamindar of the Parlakimedi in his capacity as trustee for two gods. The defendants are the occupying tenants of the village of Kosamala, 183 in number. The only relief asked in the plaint was as follows :

“(a) For a declaration that the settlement of the Mokhasa Amaniya village of Kossmals made in or about 1869 by the Court of Wards acting on behalf of the plaintiffs late grandfather,the then trustee of the gods Sri Rimaswami and Sri Jagannadhaswami of Parlakimedi, and continued since about 1869, by which the said village has been annually leased out at a money rent determined according to fixed block rates, is beyond the powers of a trustee and is not binding on the plaintiff, who is the present trustee of the said gods ;

(b) for a declaration that the plaintiff as the present trustee of the said gods is entitled to claim rent in kind from the defendants in respect of their holdings in the said Amaniya village at Kosamala ;

(c) For an injunction directing defendants to pay rent in kind to plaintiff from Fasli 1826 in respect of their holdings in the said village of Kosamala."

Now it is perfe










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