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1958 Supreme(Mad) 338

RAMACHANDRA.IYER
State of Madras by Collector of Ramanathapuram at Madurai – Appellant
Versus
Karuppiah Ambalam – Respondent


Advocates:
The Advocate-General (V. K. Tiruvenkatachari) and the Government Pleader (B. V. Viswanatha Ayyar), for Appellant.

Judgment.-

This appeal arises out of the Decree and Judgment in Appeal Suit No. 92 of 1955 on the file of the Subordinate Judge’s Court, Devakottai, confirming those of the District Munsif of Sivaganga in Original Suit No. 36 of 1954. The defendant the State of Madras represented by the Collector of Ramanathapuram is the appellant herein. The suit out of which this Second Appeal arises was filed under section 14 of the Madras Surveys and Boundaries Act. The respondent is a ryot of Sudaikanendal Village as under-tenure dharmasanam village in the Sivaganga taluk. That village was taken over by the State by a notification issued under the Madras Act XXVI of 1948. The village was unsurveyed and with a view to facilitate the introduction of ryotwari settlement, a survey of the estate was directed. In that survey the plot A. B. C. C-2 C-3, L. M. N. O. G. A.J. K. in the plan Exhibit A-1 between the tank known as Pudukanmoi and the respondent’s property was clarified as tank-bed was given the same number as the tank namely, S. No. 166. The contiguous land on the north and east of the property which was admittedly in the possession of the respondent was mentioned as S. No. 167 as belonging t













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