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1933 Supreme(Mad) 108

WALSH
Rudrappa Nayak – Appellant
Versus
Dasan – Respondent


JUDGMENT

Walsh, J.

1. The plaintiffs as representing the villagers of Kalingapatti brought a suit for a declaration that the plaint property, Survey No. 225 measuring 96 cents, and Survey No. 1690 measuring 3.83 acres, have been set apart for communal purposes from time immemorial and that the Secretary of State (defendant 3) had no right to assign portions of the above survey numbers to defendants 1 and 2. These two survey numbers are both registered as cattle-stand in the re-settlement registers. Both the Courts found, as a matter of fact, that Survey No. 225 is not being used for this purpose but is used for other purposes and that of the 3 acres 83 cents of which Survey No. 1690 consists, only portions are used as cattle-stand and that 59 cents assigned in that number are not being so used. The suit was dismissed in the trial Court and the decree was confirmed in the lower appellate Court. Against this the plaintiffs have preferred this second appeal.

2. The registration of the land as cattle-stand in the settlement registers does not imply any grant: see decision in Venkatasami Naidu v. Agaram Chenga: AIR1930Mad621 and S.A. No. 692 of 1926 of this Court. In the former case Wallac


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