(1.) THIS second appeal is preferred against the decree and judgment of the learned subordinate; Judge of Tanjore in A. S. No. 189 of 1954, reversing the decree and judgment of the learned District Munsif of Tanjore in O. S. No. 193 of 1953.
(2.) IN 1950 the District of Tanjore and especially the area of the Sub-Divisional magistracy of Pattukottai was the seat of continuous trouble between the landlords and the Kisans. This Kisan movement was being fully exploited by the Communists and their fellow travellers on the foot that every trouble was welcome for fomenting agitations against the Government and for promoting forces of disorder and violence. The net result was that the Government took stringent measures to restrain the activities of these Communists. Special Police officers were posted and the Sub-Divisional Magistrate, Pattukottai, directed all the Taluk Magistrates of Pattukottai and Arantangi to promulgate prohibitory orders under Section 144, Cr. P. O. in all the villages under their jurisdiction and especially as the Communists were for instance trying to mar the celebrations of the Republic Day and threatening to commit acts of violence and disturb peace and tranquillity. On 23-1-1950 the Sub-Divisional Magistrate, Pattukottaii, promulgted an order in m. C. No. 5 of 1950 prohibiting meetings of Communists in any public-place within pattukottai Division and within his jurisdiction for a period of one month from the date of that order: vide Ex. B-15. It is evident from a perusal of the order that it was passed on the reports of the Police Officers P. Ws. 1 Sri V. S. Subramaniam and D. W. 1 Sri M. K. Panikkar. Sri V. S. Subramaniam was then acting as the Circle Inspector of Police, thiruthuraipoondi and Sri M. K. Panikkar w,is then the Sub-Inspector of Police, adirampatnam. It is established in the evidence that the Sub Divisional magistrate's direction to all Taluk Magistrate to publish this order in all their villages in their taluks by heat of tom-tom was carried out.
(3.) THE respondent in this second appeal Sri Jagannathachariar is a Mirasdar of pattukottai Taluk, owing lands in the village of Alagiyanayakipuram. The other members of his family are his brothers impleaded as defendants 2 and 3 in the suit. This family is the solitary Brahmin family living in that little village and against them the entire wrath of the Kisans and their fellow travellers, the communists, seems to have broken because they were the landlords and secondly they belonged to a community which is the special target of attack in these parts. The evidence is clear that they were subjected to systematic intimidation of murder, looting and arson. In this task of attacking this family the Kisans and their fellow traveller Communist opponents were encouraged by the fact that some other leading Mirasdars were on inimical terms with this family apparently trying to curry favour with these violent people by posing as their sympathisers and friends. The net result of this was that this family of Jagannathachariar concerned like rats, was systematically bombarding the authorities, Police and the magistracy, to take action against these trouble-makers.
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