Panchapakesa Ayyar, J.-The appeal has been filed by one Gopalaswami Ayyangar, the defendant in O.S. No. 70 of 1953, on the file of the Subordinate Judge, Tanjore (O.S. No. 22 of 1951, on the file of the District Court, West Tanjore). The facts were briefly these:

That was a suit filed by Sri Athmanathaswami Devasthanam of Avidayarkoil, by its hereditary trustee, Sri Subramania Pandarasannadhi, Atheenakartha, of the Tiruvaduthurai Atheenam, for recovering Rs. 11,415-8-6 being the principal and interest due from the appellant, as damages for use and occupation of the temple lands for faslis 1357-1360, at Rs. 3-9-0 per acre per annum. It was alleged that the suit lands measuring 729 acres 17 cents and lying in three villages, Kalagam, Pazhayanagaram and Arasulankaranbai, belonged absolutely to the temple in iruwaram eka bhogam right and did not constitute ryoti lands but were pannai or home farm lands which lay as waste from time immemorial and constituted old waste, and that in fasli 1354, the then Pandarasannadhi, the previous trustee of the temple, was trying to reclaim some portions of those lands and to bring them under cultivation, in pursuance of vigorous grow-more-food campaign

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