N LAKSHMANAN SERVAI Vs. DURAIPANDI

JUDGEMENT

(1.) THIS second appeal has been preferred against the judgment and decree of the learned Subordinate Judge, Devakottai, dated 19.2.1997 in A.S. No. 10 of 1986, reversing the judgment and decree of the learned District Munsif in O.S. No. 262 of 1977, dated 3.1.1986.

(2.) THE plaintiff/respondent instituted the suit for declaration and permanent injunction, alleging the family of the plaintiff is a prestigious family in Kunnankottai Nadu, spread over 22 villages mainly comprising Kallar community. Further, the family of the plaintiff continued as the Pattathu Ambalam for the 22 villages and the successor is either the son or the grandson of the family. In the days of Pandya Kings, the precedessor of the plaintiff has been appointed as the Pattathu Ambalam for Kunnankottai Nadu and the Pattathu Ambalam is the representative of the Kunnankottai Nattars and he was permitted to negotiate with the Jamindar of Sivaganga. He also has a right to inaugurate the car festival in the Shiva Temple at Kallal village and receive other honours. THE plaintiff's natural father's junior paternal uncle Subbaiah Servai was the last Pattathu Ambalam. Since Subbaiah Servai had no male issue, on 10.6.1973, he took the plaintiff in adoption. On the death of Subbaiah Servai, the plaintiff did his funeral rites and succeeded as the Pattathu Ambalam. While so, taking advantage that the plaintiff was a minor, the first defendant, alongwith his brother, defendants 2 to 4, gave out he has been elected as the Pattathu Ambalam and began to claim the honours to which the Pattathu Ambalam is entitled to. THE plaintiff sent a petition to the Sub-Collector, Devakottai, on which the enquiry by the police had been conducted. Since cloud has been caused by the defendants as to the rights of the plaintiff in discharging his functions as Pattathu Ambalam he was compelled to file the suit.

(3.) IN Thavamani v. The Special Tahsildar (ADW) Devakottai, , this Court has held, in paragraphs 28 and 33, as follows :