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1917 Supreme(Mad) 72

SADASIVA.AIYAR
Swaminatha Mudali – Appellant
Versus
M. Saravana Mudali – Respondent


JUDGMENT

Sadasiva Aiyar, J.

1. In these 61 connected second appeals the appellants are the principal defendants in the suits. The suits were brought in ejectment, the appellants being treated as having been sub-tenants from year to year of persons who owned rights in the lands as grantees of lease rights under the East India Company under a grant of 1801; that grant being a grant of lease rights for 99 years. After that grant expired in January 1900 the plaintiffs became direct lessees of the Government (from the date of the expiry of the prior grant) another term of 99 years. The prior grant of 1801 is evidenced by the indenture Exhibit P. while the new grant of 1904 is evidenced by the indenture Exhibit A.

2. The following facts may be set out to understand the contentions on both sides:

The East India Company claimed to be owners of the lands in dispute in January 1901. It appears from the Chingleput Manual that in 1760 a grant was made to the East India Company of the Chingleput District by the Nawab Muhamad Ali as Jagir or estate and that the grant was confirmed in 1763. This word Jagir is a word of very undefined signification, but as regards the particular lands in dispute the E












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