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1936 Supreme(Mad) 251

Muthayyan Swaminatha Sastrial – Appellant
Versus
S. Narayanaswami Sastrial – Respondent


ORDER

Menon, J.

1. This is an application to revise-the order of the Principal Subordinate Judge of Kumbakonam, dated 24th January 1935, in C. M. A. No. 15 of 34, setting aside an order of the District Munsif of Valangiman, returning the plaint in-; O.S. No. 6 of 34 for presentation to the proper Court.

2. The suit was for an injunction restraining defendants 1 to 9 from interfering with the plaintiffs possession and enjoyment of the plaint properties. It was alleged that the properties were Samudayam properties owned by the mirasdars of the village, that plaintiffs 1 to 4 and defendant 10 were appointed as managers for the properties, that the other plaintiffs were lessees under those managers and that defendants 2 to 9 were interfering with the possession of the plaintiffs. The defendants denied those allegations and contended that plaintiffs 1 to 4 and defendant 10 were not appointed managers in respect of those properties. The learned District Munsif, holding that the suit was in effect to have the right of plaintiffs 1 to 4 and defendant 10 as managers in respect of these properties declared, directed the plaintiffs to amend the plaint by adding a prayer for a declaration to that



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