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1984 Supreme(Mad) 311

V.RATNAM
G. Natesa Nainar – Appellant
Versus
Sri Karikudinathaswamy Devasthanam, Marudhanallur, Kumbakonam Taluk, represented by its present Executive Officer, K. Anbalagan – Respondent


Advocates Appeared:
G.Subramaniam for M.Kalyanasundaram, Counsellor Appellant.
N.Vanchinathan Counsel, for Respondent.

Judgment :-

The plaintiff in O.S.No.252 of 1978, District Munsif Court, Kumba-konam, who succeeded before that Court and lost before the lower appellate Court, is the appellant in this second Appeal. The property in dispute is an extent of 2 acres and 62 cents of punja situate in R.S.No.31-2A in Marudhanallur village, Papanassm taluk and admittedly this property belongs to the respondent. According to the case of the appellant, originally, the property in dispute was uncultivable waste and in 1947 was leased out to the appellant on an agreement that the appellant should spend and reclaim the property and render it cultivable and plant coconut trees and rear them also at his expense. It was also further agreed that when the trees reached the yielding stage, the appellant should execute a lease deed to the respondent agreeing to pay rent. The appellant claimed that he spent a sum of Rs.3,000/- in reclaiming the land and in planting coconut saplings. The further case of the appellant was that he was in possession of the property as a lessee and had also been recorded as a cultivating tenant. An earlier suit in 0.S.No.534 of 1970 on the file of the District Munsif, Kumbakonam according










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