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1949 Supreme(Mad) 332

PANCHAPAGESA SASTRI
Avudainayagam Pillai – Appellant
Versus
Pitchiah Chettiar alias Pitchiah Pillai – Respondent


Advocates:
A. Swaminatha Ayyar, and S. Thyagaraja Ayyar, for Appellant.
S.V.Venugopalchari, S.V.Rama Ayyangar and N.Subrahmanyam for Respondents.
G.R. Jagadisan for Appellant.
A. Swaminatha Ayyar, S. Thiyagaraja Ayyar and N. Subrahmanyam for Respondents

Judgment

These two second appeals raise questions relating to the validity of rent sales of ryots’ holdings under Chapter VI of the Madras Estates Land Act of 1908. S.A. No. 915 of 1946 is by the plaintiff against the judgment and decree of the Subordinate Judge of Tirunelveli in A. S. No. 112 of 1945, confirming the judgment and decree of the District Munsiff’s Court,Tenkasi, in O. S. No. 205 of 1944, S.A. No. 981 of 1945 is filed by the first defendant in O. S. No. 206 of 1944 on the file of the District Munsiff’s Court, Tenkasi, against the judgment and decree of the Subordinate Judge in A. S. No. 113 of 1945 reversing the decree of the District Munsiff.

In Kottayur village of Sivagiri Estate, one Sundaram Pillai was a ryot holding patta No. 406. It comprised amongst others S. No. 220 of the extent of 16 acres and 52 cents. The landholder was the zamindar of Sivagiri. Sundaram Pillai had two daughters. In 1913, he gifted S. No. 220 to his son-in-law, one Kosalaram. There appears to have been a partition of the family properties amongst the sons of Kosalaram as evidenced by Ex. P-2, dated 16th June, 1928. By the partition arrangement the plaintiff’s father got this property and aft

















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