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1933 Supreme(Mad) 257

VENKATASUBBA RAO
Meeralli Ambalam – Appellant
Versus
R. Shanmugha Rajeswara Sethupathi alias Naganatha Sethupathi Avergal, Rajah of Ramnad – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. These cases raise the question as to the meaning of the expression "tank-beds" in Section 3(16)(a) of the Madras Estates Land Act. The plaintiff, the Zamindar of Ramnad, alleges that the lands in question are in the bed of the tank (known as the Abhiramam tank) and that they are therefore outside the category of "ryoti land" as defined by the Act. Several suits were tried as a batch, and the learned District Munsif upheld the plaintiffs contention only in two of them. O.S. No. 836 of 1924 is one such and the District Munsifs decision was confirmed by the Subordinate Judge in appeal. Second Appeal No. 1066 of 1931 relates to the plot in O.S. No. 836 of 1924. From what I shall state presently, it will appear that the appellants have no case and their second appeal is accordingly dismissed with costs.

2. In regard to the other plots, the District Munsif has held that they are not in the tank-bed, and his decision has been reversed by the lower appellate Court. The several Civil Revision Petitions before us relate to those plots.

3. In 1870 a circular was issued in the zamindari, known as the Boylles Circular, fixing what are known as the "malnihidi" limits















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