PACHAI AMMAL Vs. ANGUSWAMI GRAMANI AND ORS.

JUDGEMENT

(1.) THIS is an appeal preferred against the Decree and Judgment of the learned District Judge of Chingleput in A.S. No. 58 of 1955 confirming the Decree and Judgment of the learned District Munsif of Chingleput in O.S. No. 302 of 1953.

(2.) THE suit was for a declaration of plaintiff's title to the suit properties and for an injunction restraining the defendants from interfering with the plaintiff's possession of the said lands in Zamin Mogaiyur village and comprised in Patta No. 89.

(3.) THE dispute between the parties is as follows: The plaintiff based her title to the suit properties under a grant by the Zamindar in or about Fasli 1352 under issue of Patta. She claimed that she was paying the premia to the landlord for item 1 of the suit properties. The defendants also claimed that they were in possession of the suit items and pattas stood in their names as well as in the names of others and contended that the Zamindar was not competent to grant patta to others. They further claimed that they were paying premium to the Zamindar for the suit lands. The purchase by the Zamindar in rent sale on the foot of which the Zamindar is said to have become the owner to the kudiwaram and granted her a patta is also questioned. The suit is in substance and in effect one based on the grant of title in respect of occupancy rights and issue of patta by the Zamindar for the suit lands and the adjudication asked for is in essence nothing more than the determination as to who is the lawful ryot with regard to these lands.