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1929 Supreme(Mad) 228

A AYYAR
Sundaram Ayer – Appellant
Versus
Kulathu Iyer – Respondent


JUDGMENT

Anantakrishna Ayyar, J.

1. Plaintiff is the appellant in these second appeals. Summary Suits Nos. 44 etc. of 1916 and Nos. 36 etc. of 1917 were instituted by the plaintiff-appellant in the Court of the Honorary Deputy Collector of Tinnevelly Division to recover rent due in respect of properties in the possession of the ryots defendant in the inam village of Vagaikulam. The inam village belongs to Sri Vyasaraya Swamigal Mutt at Sosalai in the Mysore State. The practice of the Mathadhipati had been, as is disclosed by the evidence in these cases, to grant leases to persons for different terms authorising them to recover the rent from the ryots in possession of the lands. It is in evidence that leases for particular terms were granted, among others, to the father of the plaintiff. The last of the said leases came to an end with fasli 1321; and the plaintiff obtained a lease for faslis 1322 to 1331 from the Mathadhipati, and on the basis of the said lease he instituted the various suits mentioned by me to recover arrears of rent due for faslis 1322, 1323 and 1324.

2. In the plaints, the plaintiff claimed rent on the basis of "waram." The defendants pleaded that it was the "sharin
















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