KAZIMAR PERIYA PALLIVASAL Vs. K. A. S. ARUMUGAM

JUDGEMENT

(1.) THE Kazimar Periya Pallivasal, Kazimar Street, Madurai, represented by its trustees, who are the plaintiffs in O.S. 388 of 1968 on the file of the Subordinate Judge, Madurai, are the appellants. The plaintiffs filed a bare suit for the appointment of a receiver for the suit lands for certain ancillary directions in the following circumstances. The Pallivasal owns properties in Iruvathanallur limits, Madurai, District, and the defendants are said to be the lessees in occupation of such lands belonging to the Pallivasal which they have been cultivating on a waram basis. After the passing of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, (Madras Act 30 of 1963), the inams came to be vested in the Government under Section 3 of Act 30 of 1963 and in consequence thereof and as ordained by the provisions of the Act there was an enquiry as to the nature of the rights to which the plaintiffs and the defendants would be entitled to. In the first instance, the Settlement Tahsildar granted a ryotwari patta in favour of the defendants. On appeal, the Appellate Tribunal set aside the order; and a re -enquiry was directed to be made by the Settlement Tahsildar. It is now reported that on such re -enquiry patta was granted in favour of the Pallivasal, but the defendants have taken up the matter on appeal to the Tribunal (Land Tribunal, Madurai) and the same is pending there.

(2.) ACCORDING to the plaintiffs, the defendants who were the lessees and who were cultivating the lands an a waram basis are bound to pay the waram for the lands and cash rent for the coconut tope and they having failed to pay the same after the date on which the above Act was notified and as the defendants have no properties of their own it would be just and convenient to grant the only relief of appointment of a receiver who could be directed by the court to harvest and pay half of the produce to the plaintiffs as also the usual cash rent towards the use of the coconut topes.

(3.) ON the above pleadings the following issues were framed: