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1968 Supreme(Mad) 162

R.SADASIVAM, K.SRINIVASAN
The State of Madras represented by the Collector of Ramanathapuram at Madurai – Appellant
Versus
Ramalingaswamigal Madam (North Thiruppachetti) represented by N. S. K. Paramasiva Thevar – Respondent


Advocates:
The Additionl Government Pleader, for Appellant.
V. Vedantachari and K. Parasaran, for Respondents.

ORDER

The State of Madras, the defendant in a suit, has filed this second appeal and the question raised is the jurisdiction of the civil Court in a segment of the field covered by the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. There has been no challenge before me to the findings on the merits of the case. The plaintiff is Ramalingaswamigal Madam, North Tiruppachetti, represented by its trustee Sutha Chitanya Swamigal and the suit is for a declaration of the title of the Madam to the suit property S.No. 114 and for an Injunction against the State’s interference with the enjoyment of the property by the plaintiff. The case of the plaintiff is that on the suit property, the Madam in question was situated in a portion that as an adjunct to the Madam, shrines, Mantapam, house for Stanicks, Oorani, well and coconut trees all came into existence, and that in January, 1938 the Sivaganga Estate recognised the Madam’s actual enjoyment of the property and assigned the same to the plaintiff represented by the trustee, subject to the payment of rent of Re. 1 per acre besides cesses. Exhibit A-1 dated 29th January, 1938 is the order of the Sivaganga Estate providing for




























































































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