One of the points raised in this case is as regards the finality of the decision of a Survey Officer when that decision is not challenged within the prescribed time by means of a suit. There are two conflicting decisions on this point namely Ponnuswami Servai v. Mariappa Servai1and Nagarathnam v. Guruswami2. The learned District Munsiff who decided this case in the first instance has pointed out in his judgment as follows:

“This conflict of decisions is a matter which could be set at rest only by the High Court and I have no option but to follow the latest decision on the point which according to the usual rule of following precedents should prevail.”

The first judgment in point of time was pronounced on 24th November, 1942, and the second judgment at point of time was dated 27th July, 1942. Both sides request that this matter may be placed before a Bench so that an authoritative decision can be got and it seems to me right and proper that it should be so referred to. The papers will be placed before my Lord the Chief Justice for appropriate orders.

(In pursuance of the above Order of Reference this appeal coming on for hearing, the Court delivered the following

Judgment: Gov