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1996 Supreme(Mad) 161

S.S.SUBRAMANI
Janakiammal – Appellant
Versus
The State of Tamil Nadu represented by the District Collector of Ramanathapuram at Madurai – Respondent


Advocates:
G.Subramaniam, Senior Counsel, for Appellant. R. Swaminathan, A.G.P., for Respondent.

Judgment :

Both these second appeals are by plaintiff in O.S. No.39 of 1979 and O.S. No.143 of 1981, on the file of the Subordinate Judge’s Court, Ramanathapuram at Madurai. The suits were filed by the respective plaintiff therein for declaration of title and other consequential reliefs.

2. Schedule items in both the suits were once upon a time Zamindari Estate, and subsequently they were alleged to have been vested with the Government. Both the plaintiffs claim title on the basis of document executed by Zamindar. But, the Government, after abolition of Zamindari system, as per Madras Estates Abolition Act, declared the lands in question as poramboke lands, and this necessitated the filing of the suits.

3. In defence in both the suits defendant- Govern- ment took a stand that the suits are not maintainable, and that civil court has no jurisdiction, once the Authorities under the Act have classified the lands in question as ‘Natham poramboke’. The identity of the property claimed by the plaintiff was also disputed in the written statement. The cause of action in both the suits was alleged trespass and cutting of trees, for which damages were claimed. The State disputed the liabilit
















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