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1964 Supreme(Mad) 65

K.SRINIVASAN
Lakshmi Ammal – Appellant
Versus
The Board of Revenue, Madras represented by the Commissioner of Land Revenue, Madras – Respondent


Advocates:
K. S. Ramabhadra Iyer, for Petitioner.
S. Mohan, for the Additional-Government Pleader on behalf of the State.

Order:-

The petitioners are the widow and the son of one late Seshadrinatha Iyer, an Amin, who served in the First World War in the year 1941, this Seshadrinatha Iyer obtained assignment of a portion of the land in S. No. 326/1, a poramboke in Therkukadayam Village. According to the petitioners, there was an assignment, but the order of grant is not forthcoming. At the time of the grant, the land was waste cultivable land which Seshadrinatha Iyer is said to have brought under cultivation after spending a consideable amount In 1944, under the Grow More Food Campaign, permission was granted to convert the land to wet. Wet cultivation had been going on on this land since then. Seshadrinatha Iyer died in 1952. It appears that in 1955, the Board of Revenue treated this as an encroachment. This survey number is part of the water spread of a tank . Proceedings in eviction were undertaken. The Board declined to accept the contention of the petitioners that the cultivation of the land was unobjectionable. The Board however instructed the Collector to take steps to assign some odder unobjectionable land to the petitioners, as, in the opinion of the Board, an extent of 92 cents in the occupat





















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