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1950 Supreme(Mad) 358

SUBBA RAO
The Province of Madras, represented by the Collector of Ramanathapuram at Mathurai. – Appellant
Versus
Rao Bahadur O. A. P. RM. Arunachalam Chettiar. – Respondent


Advocates:
The Government Pleader (P. Satyanarayana Raju) and K.N. Karunakaran for Appellants.
V. Ramaswami Aiyar for Respondents.

Judgment.-

This appeal arises out of a suit for a declaration of the title of the plaintiffs and the third defendant to the suit property. The plaintiffs are the proprietors of the village of Karaikudi, which formed part of the Zamindari of Sivaganga. The suit site is within the Geographical limits of the said Zamindari. In 1918 in the survey plan it was shown as part of Koppudayanayagi Amman Sannadhi Street. In 1935 on re-survey also it was demarcated as a public street. On 24th January, 1940 the Government issued a notification under section 61 (2) of the District Municipalities Act, 1920, withdrawing the site from the control of the Municipal Council. On 29th January 1944 the Collector of Ramanadhapuram made an order under section 20-A (1) (a) of the Madras Estates Land Act declaring that the suit site was no longer required for street purposes. On 30th May, 1944, the District Collector passed another order under section 20-A (1) (b) (ii) of the Act transferring the same as ryotwari land. The plaintiffs did not prefer appeals against either of those orders. The first defendant herein constructed a Birth and Death Register office on the site. On 26th July, 1945 the plaintiff filed






















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