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1957 Supreme(Mad) 350

PANCHAPAKESA AYYAR
Syed Sahib – Appellant
Versus
Angamuthu Mooppan – Respondent


Advocates:
S. Ramachandra Ayyar and P. S. Srisailam, for Petitioner.
A. V. Narayanaswami Ayyar, for Respondent.

Judgment

This is a petition filed by one Syed Sahib, the owner of the holding, for revising and setting aside the order of the Revenue Court, Tiruchirapalli, in E.A. No. 104 of 1957 holding that the respondent, Angamuthu Mooppan, was the cultivating tenant in respect of the suit land and should not be evicted therefrom under Act XIV of 1936 and that he was not also barred by limitation regarding his “assumed” petition for restoration of possession. The petitioner had contended that the respondent was at no time the cultivating tenant of the suit land, and that one Sevanthalingam and his wife were the cultivating tenants, and that the respondent was simply an interloper trespasser and impostor, against whom the peti-. tioner had filed O.S. No. 422 of 1956 on the file of the District Munsif, Tiruchirapalli, for an injunction, restraining him from interfering with possession of the land. When that suit was pending, the Act was passed, and, under section 6(A), the learned District Munsif gave a finding that the respondent was prima facie a cultivating tenant entitled to the benefits of the Act, and so, did not proceed with . the trial of the suit, but transferred it to the Revenue Court






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