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1930 Supreme(Mad) 173

BARDSWELL
Narasimha Raghavachari – Appellant
Versus
The Secretary Of State For India In – Respondent


UDGMENT

Bardswell, J.

1. This appeal is by the plaintiff. He is Monegar of a village in the North Arcot District within about three miles of the Chingleput District border. He claims to be ekabhoga mirasidar of the suit village, Melwarma. The word "ekabhogam," according to the Glossary in the North Arcot District Manual of 1895, means the possession or tenure of all the lands of a village by a single individual or family without any co-sharer. Survey No. 128-1, the extent of which is 66/83 acres, has been assigned by the Revenue Divisional Officer of Cheyyar to some Adi Dravidas of a neighbouring village and the plaintiff says that the grant is in violation of his right to the said land as, in his capacity as ekabhoga mirasidar, he and his ancestors before him have been in exclusive possession of all the village lands, including waste, poramboke and communal lands. Even if the Government reclaims any waste land for the purposes of cultivation and in the interests of revenue it has no right to assign it to strangers but the plaintiff as ekabhoga mirasidar has a preferential right to an assignment in his favour. He has, therefore, sued for a declaration that the order of the Revenue Di







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