Judgment.- O.S. No. 41 of 1956 on the file of the Subordinate Judge, Mayuram, is a suit by the trustees of the Subramaniaswami Devasthanam at Thiruvidakkazhi and a person named Muhammad Ali claiming to be a lessee from the devasthanam, for the issue of an injunction to restrain the defendants from interfering with the plaintiffs’ possession of the suit properties.

Thirty three persons were impleaded as defendants in the suit. On behalf of all of them the first defendant filed a written statement in which, among other things, the plea was taken that, only the revenue Court had jurisdiction to try the suit. On 21st November, 1956 the defendants filed I.A. No. 522 of 1956 praying that O.S. No. 41 of 1956, be transferred to the file of the Revenue Divisional Officer, Mayuram. The transfer was asked for on the basis of section 6-A which was introduced into Madras Act XXV of 1955 by Madras Act XIV of 1956. To that section I shall return presently. The learned Subordinate Judge dismissed the application. The defendants have therefore come to this Court.

Section. 2 (a) of the Act defines the expression ‘cultivating tenant’. Three classes of persons are included in that definition: (1) a pers

Click Here to Read the rest of this document