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1961 Supreme(Mad) 72

JAGADISAN, VENKATADRI
Sri Amuruvi Perumal Devasthanam, Teralandur, Mayuram Taluk, represented by its Managing Trustee N. Subra-maniam – Appellant
Versus
K. R. Sabapathi Pillai – Respondent


Advocates:
R. Sundaralingam and R.G. Rajan, for Appellant.
T.R. Venkataraman, for Respondents.

Venkatadri, J.-

This is an appeal by the plaintiff against the judgment and decree in O.S. No. 49 of 1956 on the file of the Sub-Court, Mayuram. The plaintiff Sri Amuruvi Perumal Devasthanam at Teralandur, filed a suit for recovery of a sum of Rs.21,744-11-4, being arrears of lease payable by the defendants. The learned Subordinate Judge, Mayuram, decreed the suit for Rs. 7,422. Now the appeal is filed for the disallowed portion of the claim by the appellant.

The facts in this case are the following:

The plaintiff-devasthanam possesses the properties described in schedules A to A-2 to the plaint. At the time of the suit the plaintiff was represented by its trustee Sri Raghavan, who was validly appointed by the Hindu Religious and Charitable Endowments department. The devasthanam as usual leased the suit lands in open auction held on 26th June, 1952 as per the Rules framed under the Hindu Religious and Charitable Endowments Act for three faslis, 1362, 1363 and 1364 (1952, 1953 and 1954) subject to the terms and conditions prescribed in the lease auction notice. In the auction held on 26th June, 1952, in the presence of the inspector by the devasthanam authorities, the second defendant




















































































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