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1940 Supreme(Mad) 369

ALFRED HENRY LIONEL LEACH
Ponnapalli Venkatappayya – Appellant
Versus
Pushadapu Ramaswami – Respondent


JUDGMENT

Alfred Henry Lionel Leach, C.J.

1. These appeals can conveniently be disposed of in one judgment. They arise out of two suits, O.S. No. 209 of 1922 and O.S. No. 212 of 1922 of the Court of the District Munsif of Repalle. The appellants were the plaintiffs. They asked for the ejectment of the respondents from lands which the Respondents had held as their tenants, notices to quit having been served upon them. It was the case of the appellants that the notices terminated all right of occupancy. The respondents strongly contested tins contention. Their case was that the lands constituted part of an estate within the meaning of the Madras Estates Land Act, 1908. The District Munsif rejected the respondents plea and decreed the suits. The District Munsifs judgment was concurred in by the Subordinate Judge of Tenali and by this Court in second appeals. The respondents, however, carried the matter to the Privy Council and the Judicial Committee reversed the decisions of this Court and of the Courts below on the ground that the lands did form part of an estate within the meaning of the Act. Consequently the appellants were only entitled to the melwaram right, the kudiwaram right bein






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