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1933 Supreme(Mad) 81

CURGENVEN
Sivasubramania Thevar – Appellant
Versus
Dewan Bahadur T. N. S. Theerthapathi, Zamindar of Singampatti – Respondent


JUDGMENT

Curgenven, J.

1. The suit out of which these appeals arise was brought by the Zamindar of Singampatti and three other plaintiffs in the following circumstances. With the object of leasing certain home-farm lands within the Zamindari for a term of seven years (faslis 1331 to 1337) an auction was held in March, 1921, the lease to go to the competitor who bid the highest lease amount. The 1st defendant (hereafter to be called the defendant) secured it for a sum of Rs. 9,000. Towards this amount he deposited Rs. 500 on 14th March, and the balance was to be paid in five yearly instalments of Rs. 1,500 and a final instalment of Rs. 1,000. By March, 1924, he had paid Rs. 6,500. The defendant was let into possession of the lands as from the 1st July, 1921, i.e., the commencement of fasli 1331, and continued in uninterrupted possession until, as a result of proceedings taken by him in 1924, under Section 145 of the Criminal Procedure Code, a receiver was appointed to harvest the crops and realise the sale proceeds. What had happened Was that the Zamindar, alleging a voluntary surrender by the defendant in May, 1924, had leased the lands afresh to the 2nd to 4th plaintiffs. In view of







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