VENKATARAMANA RAO
Annamalai Pathar – Appellant
Versus
Sri-la-sri Vythilinga Pandara Sannadhi Avergal – Respondent
Venkataramana Rao, J.
1. This is a suit for recovery of possession of the suit site and the value of trees alleged to have been cut and removed by the servants of defendant 1. The suit property is Town Survey No. 726 in Mayavaram town and forms part of the village Abisheka Kattalai which belongs to the temple of Sri Mayuranathaswami whereof defendant 1 is the trustee, defendant 2, being alleged to be a lessee under him. The pymash numbers of the said site are 1234 and 1235. The entry relating to No. 1235 in the pymash account shows that a portion thereof was in the occupation of one Samu Mudali who was described as Kasavargam Samu Mudali. The learned District Munsif inferred from this that in 1829 Samu Mudali was occupying a portion of Pymash No. 1235, as a Kasavargam tenant of the temple and the learned District Judge also concurs with the District Munsif. But in or about 1837 Samu Mudali purported to sell half of both Pymash Nos. 1234 and 1235 as absolute owner by a deed of sale dated 25th December 1837 to one Somu Mudali. The sale deed recites that Somu Mudali was already in possession of a half of the said survey numbers by virtue of a gift and the remaining half was bei
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