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1968 Supreme(Mad) 455

M.NATESAN, M.ANANTANARAYANAN
Sri Thiagarajaswamy Devasthanam, Thirukkuvalai, represented by its sole and hereditary trustee Sri La Sri Kailai Subramania Desika Gunanasambanda Pandarasannathi, Adhinakarthar of Dharmapuram Mutt, residing at Dharmapuram, Mayuram Munsifi – Appellant
Versus
Singaravelu Thevar, adopted son of Kumaraswamy Thevar, residing at Kargudi, Nagapattinam Taluk and Thiruthuraipundi Munsifi – Respondent


Advocates:
M.S. Venkatarama Ayyar, R. Vijayan, G. Ramaswami, S. M. Subramaniam, M. Srinivasan and K. Raman, for Appellant.
T.R. Srinivasan, T. Ramalingam, T. S. Kuppuswamy Ayyar, R.G. Rajan, and W.C. Thiruvengadam, for Respondents.

Natesan, J.

The question that falls for determination in this batch of cases is whether the Madras Public Trusts (Regulation of Administration of Agricultural Lands) Act LVII of 1961 (hereinafter referred to as the Public Trusts Act) applied to proceedings pending under the Madras Cultivating Tenants Protection. Act XXV of 1955, the Madras Cultivating Tenants Protection (Payment of Fair Rent) Act, XXIV of 1956, and proceedings pending in the civil Court where defence under the Madras Cultivating Tenants Protection Act XXV of 1955 had been take when the Public Trusts Act LVII of 1961 came into force. Ramamurti, J., in C.R.P. No. 2032 of 1964 and C.R.P. No. 121 of 1965 observing that the provisions of the Public Trusts Act applied to all lands held under a public trust and that the rights and obligations of the landlord and tenant should be governed by and worked out only under that Act even though the relationship might have arisen long anterior applied the Act to proceedings pending under Madras Act XXIV of 1956 and terminated the proceedings. Venkatadri, J., before whom some of the cases now before us came on for hearing, would take the view that pending cases would not be affecte





















































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