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1958 Supreme(Mad) 173

RAMASWAMI GOUNDER
Pachai Ammal – Appellant
Versus
Anguswami Gramani – Respondent


Advocates:
V. Vedanthachari and T. Rangaswami Ayyangar, for Appellant.
A.S. Seshachari and A. Srinivasan, for Respondents.

Judgment

This is an appeal preferred against the Decree and Judgment of the learned District Judge of Chingleput in A.S. No. 58 of 1955 confirming the Decree and Judgment of the learned District Munsif of Chingleput in O.S. No. 302 of 1953.

The suit was for a declaration of plaintiff’s title to the suit properties and for an injunction restraining the defendants from interfering with the plaintiff’s possession of the said lands in Zamin Mogaiyur village and comprised in Patta No. 89.

It is admitted in the plaint itself that the village has been taken over by the State under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act of 1948. The provisions of the Act became applicable to the suit village from 1st October, 1951. Under section 3 (b) of the Act the proprietor was divested of his title to the suit village and the suit village vested in the Government.

The dispute between the parties is as follows: The plaintiff based her title to the suit properties under a grant by the Zamindar in or about Fasli 1352 under issue of Patta. She claimed that she was paying the premia to the landlord for item 1 of the suit properties. The defendants also claimed that the

















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