SPENCER
Ry. V. Ayiswaryanandaji Saheb – Appellant
Versus
Ry. Sivaji Raja Saheb – Respondent
Spencer, J.
1. Sivaji, the last Rajah of Tanjore, died in 1855. After his death the East India Company took possession not only of the Raj of Tanjore and the private properties of the late Rajah, but also certain pagodas and devasthanams which had been in his possession and management up to the date of his death. It was held by the Privy Council that the East India Companys usurpation of this property amounted to an act of State of which the ordinary Civil Courts could not take cognizance. Subsequently the Senior Rani Kamakshi Bai Saheba petitioned Government for a restoration of the estate and also of the devasthanams. The estate was restored by proceedings of the Madras Government, dated 21st August, 1862, which we have dealt with in another place. The order restoring the devasthanams was dated the 19th March, 1863.
2. In her memorial, dated the 24th December, 1862, Kamakshi Bai Saheba prayed that the pagodas and charitable institutions which had been founded from time to time by members of her family might be made over to her as the head of the family for the time being. She mentioned in her memorial that Mr. Phillips, the Commissioner of Tanjore, had in 1858 recommended t
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