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1941 Supreme(Mad) 382

PATANJALI SASTRI
Rao Bahadur V. Ranganatham Chettiar – Appellant
Versus
Mariappa Mudali – Respondent


JUDGMENT

Patanjali Sastri, J.

1. This is an appeal brought by the plaintiffs who are the present trustees of Sri Parthasarathiswami Temple, Triplicane, against a decree of the City Civil Court dismissing their suit to evict the respondents from certain lands belonging to the temple after terminating their tenancy. Various defences were raised by the respondents which were all decided against them by the lower Court except the plea of multifariousness which was upheld. It would appear that the learned Judge gave the appellants an opportunity to amend the plaint (if so advised) so as to Cure the defect in the frame of the suit) but as the appellants failed to do so, he dismissed the suit.

2. The facts may be briefly stated. In 1882, the then trustees demised the suit land measuring 8 cawnies 9 grounds and 2160 square feet in four equal parcels to four brothers who were the ancestors of the respondents, under four separate muchilikas on the same terms. Each lease comprised 2 grounds and 90 square feet of house site and 2 cawnies and 1050" square feet of cultivable land and each lessee agreed to pay a rent of Rs. 2-8-0 for the house site, Rs. 7-8-3 for the cultivable land and Rs. 1-12-0 f

















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