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1962 Supreme(Mad) 108

S.RAMACHANDRA.IYER, RAMAKRISHNAN
The State of Madras, represented by the Director of Government Transport, Madras – Appellant
Versus
Mohamed Sahib Quareshi – Respondent


Advocates:
The Government Pleader (A. Alagiriswami) and G. Ramanujam, for Appellant.
S. K. Ahmed Meeran and M. Khaja Mohideen, for Respondent.

Ramakrishnan, J.-

This appeal is directed against the Decree and Judgment of the learned Third Assistant Judge of the City Civil Court, Madras, in O.S. No. 1147 of 1956. The plaintiff in the suit is the State of Madras represented by the Director of Government Transport, Madras. The suit property is Room No. 1 South Block, Body Guard Lines, Transport House, Mount Road, Madras. The premises belonged originally to the Government of India, in the Military Department. They were used as residential lines by the Bodyguard Sepoys of the Governor of Madras. In 1900, the premises were transferred from the Military Department of the Government of India to the Provincial Government. Sometime after 1900 the Muslim Troops who then occupied the Bodyguard lines erected a small building in the compound for offering prayers. Another small building was also put up for the residence of the Mullah who offered prayers. In or about 1904-1905, the new lines of buildings called Sepoys3 quarters in three blocks, each block consisting of a number of rooms were put up by the Government of Madras to be used as quarters for the sepoys of the Bodyguard. Room No. 1 in South Block, the suit property appears to ha













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