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1971 Supreme(Mad) 589

SADASIVAM, V.RAMASWAMI
State of Madras – Appellant
Versus
Balamanavala Reddiar – Respondent


Advocates:
Addl. Govt. Pleader and S. T. Ramalingam, for Appellant; A. Sundaram Iyer and P. Balasubramanian, for Respondents.

JUDGMENT :- The State of Madras represented by the District Collector of Ramanathapuram at Madurai has preferred these appeals App. Nos. 427 of 1964 and 446 of 1964, against the decrees and judgments in O. S. No. 26 of 1962 and O. S. No. 13 of 1962 respectively on the file of the Subordinate Judge's Court, Sivaganga, decreeing the suits for declaration and injunction as prayed for with costs. The properties comprised in these suits are situate in Chittikurichi village and they are claimed by the plaintiffs in the suits as ryoti lands, which were punja from prior to the enactment of Madras Act I of 1908. The Additional Assistant Settlement Officer, Aruppukottai, ordered the issue of ryotwari pattas to the plaintiff in each of the suits under the Madras Act XXVI of 1948. But the Settlement Officer in suo motu proceedings set aside the orders on the ground that the suit lands are part of tank bed. After unsuccessfully invoking the writ jurisdiction of this Court, the respondent-plaintiff in each of these appeals filed the above suits. The learned Subordinate Judge found that the suit lands are ryoti lands and not tank bed and rejected the contentions of the appellant that the Civil Co































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