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1963 Supreme(Mad) 302

K.VEERASWAMI
Palaniappa Chettiar – Appellant
Versus
Babu Sahib alias Sheik Mytheen Sahib – Respondent


JUDGMENT

K. Veeraswami, J.

1. In the first of these appeals (S.A. No. 1153 of 1960), the 1st defendant is the appellant and in the other (S.A. No. 1171 of 1961) the plaintiffs, who brought the suit for evicting the 1st defendant from the land in question. It is common ground that the land originally belonged to Hajee Peer Batch a Sahib. The plaintiffs claim to be settlees under a settlement executed by him on 12th October, 1949. The lease in favour of the 1st defendant was executed by the original owner of the land on 22nd September, 1947 for a term of ten years at the rent stipulated in the document. The plaintiffs sought to evict the 1st defendant after the period of ten years. On behalf of the 1st defendant, various defences were taken which were, I think, rightly repelled by the Courts below. The 1st defendant questioned the status of the plaintiffs to bring the suit on the ground that under the settlement of the original owner of the land, the plaintiffs had only limited rights. The 1st defendant also contended that he had a superior right over the settlees on account of a varthamanam letter and a sale deed in his favour executed by Hajee Peer Batcha Sahib. As to the first point



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