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1957 Supreme(Mad) 175

P.V.RAJAMANNAR, PANCHAPAKESA AYYAR
Janab Vellathi – Appellant
Versus
Smt. K. Kadervel Thayammal – Respondent


Advocates Appeared:
K.S. Naidu and S. Khadir Mohammed Nainan, for Appellants; K.S. Ramamurthi and C. Ramanathan, for Respondent.

Judgement

PANCHAPAKESA AYYAR, J. :-

The appeal is by the defendants in O. S. No. 58 of 1951, on the file of the Subordinate Judge, Dindigul, regarding the granting of a conditional decree for possession to the plaintiff and denying the defendants right to occupancy in the suit lands, measuring some 472 acres. The memorandum of cross-objections is by the plaintiff regarding the learned Subordinate Judges granting the defendants relief against forfeiture and allowing their lease for 35 years under the Varthamanam, dated 9-5-1936 and the compromise decree, to continue, provided they paid up all the rents, including the barred rents and costs.

2. The facts were briefly these : The plaintiff, Thayammal, had filed the suit for possession of the suit properties, measuring 800 kuzhis or, 472 acres, and situated in the hill in Erasakkanaickanur in the Erasakkanaickanur Zamindari and growing cardamom and other hill crops now, from the defendants, who were the representatives of one Sultan Ahmed Badruddin Rowther. the first defendant being his widow, the second and third defendants his children, and the fourth defendant, the agent of defendants 1 to 3, the heirs of Badruddin. The plaintiff claim






























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