SM. K. PONNALAGU AMMAL Vs. THE STATE OF MADRAS, REPRESENTED BY THE SECRETARY TO THE REVENUE DEPARTMENT, MADRAS AND ORS.

JUDGEMENT

(1.) L . P. A. No. 134 of 1952: - -This is an appeal under the Letters Patent against the judgment of Subba Rao J. in C.M.P. No. 13519 of 1950. That petition was filed in the following circumstances. Krishna Vijaya Poochaya Naicker, Zamindar of Marungapuri, an impartible estate situated in Tiruchirapalli district, died on 17 -9 -1926 leaving behind him three widows, Lakshmi Ammani, Ponnalagu Ammani and Muthulagu Ammani. As one of the incidents of impartible estates in Southern India is that the estate is descendible to a single heir, the seniormost of the three widows would be first entitled to succeed. The Government, on the assumption that Lakshmi Ammani was the seniormost of the widows, proceeded to exercise powers conferred on them by the Madras Court of Wards Act. On 11 -7 -1927 the following notification was published in the Fort St. George Gazette and in the Tiruchirapalli district Gazette:

(2.) THE Collector of Tiruchirapalli will discharge in respect of the property the duties imposed on a Collector by the said Act.

(3.) THE Collector of Tiruchirapalli filed a counter affidavit on behalf of the respondents. He stated inter alia that the Government were advised that the adoption was validly made and had the effect of divesting Lakshmi Ammani of the estate and the adopted son became entitled not only to the impartible zamindari but also to the separate and partible properties left by the late Zamindar. The attitude taken up by the Government and the Court of Wards is summed up in para. 5 of the counter affidavit in which the objection was taken that the question as to who is the proprietor of the estate could not be decided in proceedings by way of a writ and the matter could only be decided properly in a civil Court at the instance of either of the two claimants,