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1939 Supreme(Mad) 336

WADSWORTH
Ponnuchami Chetti – Appellant
Versus
Annakamu Servai – Respondent


JUDGMENT

Wadsworth, J.

1. This appeal raises the question of the right of a person, who is interested in land but is not the registered pattadar thereof, to bring a suit in the Civil Court to declare a sale held under Section 112 of the Estates Land Act to be invalid and to obtain an injunction protecting his possession. The essential facts of this case are that the two items in suit were originally acquired under an insolvency sale by one Solaimalai who let the plaintiff into possession under an agreement to sell. Solaimalais title ceased by reason of a sale for arrears of rent. The purchaser in the rent sale was one Muthuveerappa who under a private arrangement with the plaintiff allowed the plaintiff to retain possession of the land, though the patta was in Muthuveerappas name. In 1931 there was a sale for arrears of rent of one of the items which was bought in by the Zamindar, the fourth defendant here. In 1933 there was a similar sale of the other item which also was purchased by the Zamindar. After each of these purchases the plaintiff applied to the Zamindar for patta which was eventually refused and the Zamindar in 1934 granted patta for both numbers to defendants 1 and 2. Th



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