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1958 Supreme(Mad) 240

RAMACHANDRA.IYER
K. S. Soosai Udayar – Appellant
Versus
S. Andiyappan Ambalam – Respondent


Advocates:
G. R. Jagadisan and S. Somasundaram, for Appellants.
A. Sundaram Ayyar and R. M. Muthuveerappa, for Respondents.

Judgment.-

These appeals are directed against a common order of remand by the District Judge of Ramanathapuram in A.S. Nos. 36 and 39 to 41 of 1955 setting aside the dismissal on a preliminary point of O.S. Nos. 100, 101, 133 and 134 of 1951 by the Subordinate Judge of Devakottai. The plaintiffs are the appellants. They filed the four suits mentioned above in a representative capacity after having obtained leave under Order 1, rule 8, Civil Procedure Code, on behalf of the ‘Eightkarai Valambars of Idayar, Ariakudi and Vattiyur villages in the Sivaganga zamin in the Ramanathapuram district. The suits were for possession. Their case was that the kudivaram right in the lands in the aforesaid villages belonged to them, that the respondents who were cultivating the lands under them trespassed on the lands between January, 1948 and May, 1950 and that they were entitled to get back possession. The defendants in the Various suits contested the claim and asserted title to and possession of the kudivaram in themselves. They also pleaded that the villages in question have been notified under the Madras Estates (Abolition and Conversion into Ryotwari) Act, XXVI of 1948 (which shall, hereafter b


















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