VALIAN Vs. MARI SAMBAN AND ORS.

JUDGEMENT

(1.) THE non -hereditary post of the Talayari of Kalpalayam village in Lalgudi Taluk, Tiruchirapalli district, fell vacant when its permanent incumbent died on 19th December, 1955. The appointment to that post was governed by the provisions of the Proprietary Estates Village Service Act II of 1894.

(2.) SECTION 8 of Act II of 1894, which I shall hereafter refer to as the Act, required the proprietor of the village or estate to inform the Revenue Divisional Officer of the vacancy within 30 days after its occurrence. The right to fill up the vacancy was given to the proprietor of the village by Section 9 of the Act, the relevant portion of which directed:

(3.) SECTION 11(2) directed: