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1946 Supreme(Mad) 282

SIR ALFRED HENRY LIONEL LEACH, LAKSHMANA RAO, KUPPUSWAMI AYYAR
Swaminatha Odayar and others – Appellant
Versus
Asan Muhammad Rowther and another – Respondent


Advocates Appeared:
K. Srinivasan for Appellants.
A.V. Viswanatha Sastri and R. Swaminatha Ayyar for Respondents.

The Chief Justice.-

The question in this appeal is whether the Civil Court or the Revenue Court has jurisdiction to decide the questions raised in the plaint.

The properties in suit originally formed part of the Tanjore Palace Estate. In Original Suit No. 3 of 1919 of the District Court of West Tanjore the lands with other properties were allotted to one Vasudeva Sahib, a member of the family. The suit took the form of an interpleader action, but it was in effect a suit for partition. There was an appeal to this Court from the decree of the trial Court. The judgment of this Court was delivered on. the 24th January, 1924. It was to the effect that Vasudeva Sahib had received more than his proper share in the estate. Consequently the Court modified the decree of the District Court. Restitution proceedings followed and resulted in the sale of the properties in suit to the first defendant on the 23rd December, 1938.

It is the plaintiffs’ case that the properties with which the present action is concerned were leased to them or their predecessors in title by Vasudeva Sahib in 1925. They comprise 429 41 acres and according to the plaintiffs they form part of an inam village. This allegation











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