N.S. Ramaswami, J- This Letters Patent Appeal is against the judgment of Alagiriswami, J. in Second Appeal No. 607 of 1963. Defendants 1, 2 and 5 are the appellants before the learned Judge as well as before us. The only question that falls for determination in this Letters Patent Appeal is whether the civil Court cannot go into the question of title in respect of the suit land in view of the fact that the land being part of an erstwhile estate, the Settlement Officer had decided the question as to who among the rival claimants was entitled to patta for the said land, under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948), hereinafter referred to as the Act.

2. The plaintiffs in the suit are the legal representatives of one Karian. The suit is one for declaration of title and for an injunction restraining the defendants from interfering with the plaintiffs’ possession of the same. According to the plaintiffs, the suit land which, as already said, was part of an estate (Thathavalli Estate which has since been taken over under the Act) was ryoti land, that Karian owned the land and that the plaintiffs succeeded to his estate. The family

Click Here to Read the rest of this document