B. HARIHARAMUTHU PILLAI Vs. RANI SUBBULAKSHMI NACHIAR, HEREDITARY TRUSTEE OF KATTALAIS OF SRI THIRUKOSHTIAPPAR, ETC., TEMPLES AND ORS.

JUDGEMENT

(1.) RANI Subbalakshmi Nachiar, claiming to be the hereditary trustee of certain kattalais attached to some temples in what was formerly the Zamindari of Urkad, filed several suits in the Court of the District Munsiff of Ambasamudram, to recover what she claimed were arrears of rent from the defendants. According to her, the kattalais which she represented are entitled to full rights in the suit lands, that is to say, both to the melvaram and to the kudivaram. The defendants, in their turn, pleaded that they are entitled to permanent rights of occupancy in the lands. The following questions, therefore, arose for the determination.

(2.) ISSUES raising these points were framed in the suits. The defendants filed Interlocutory Applications in the Court of the District Munsif of Ambasamudram praying that since these questions had been raised the suits should be transferred to the Estates Abolition Tribunal, Madurai, under Section 11(1) of Madras Act XXX of 1956. The District Munsiff dismissed the petitions. The petitioners thereupon came to this Court in revision.

(3.) IT is necessary to add that the State of Madras filed a petition to be brought on record, in view of the fact that the question raised is one of considerable importance and likely to affect a number of other cases. That petition was allowed and we have had the benefit of the arguments of the learned Advocate -General on behalf of the Government.