TANGUTOORI KODANDARAMAYYA Vs. TANGUTOORI RAMALINGAYYA

JUDGEMENT

(1.) First respondent in this case was appointed Karnam of the grouped village of Vallur in the Venkatagiri Zemindari by the Sub-Divisional Officer under Section 15 (3) of Act II of 1894. He sued for a declaration that he was the legally appointed Karnam and for an injunction restraining first defendant (the proprietor of the estate) and second defendant (the person appointed as Karnam by the first defendant) from interfering with his tenure of office. The District Munsif decreed the suit as prayed for. The Subordinate Judge set aside the injunction but confirmed the declaration.

(2.) In second appeal Mr. Krishnasawmy Aiyar has argued, (1) that plaintiff not being in possession of the office his suit is not maintainable under Section 42, Specific Relief Act; (2) that the jurisdiction of the Civil Courts is barred by Section 21 of Madras Act III of 1895.

(3.) The first objeotion may be summarily disposed of. The Subordinate Judge finds that at the date of suit plaintiff was in possession of the office; and his finding must be accepted. We may remark that most of the evidence to which Mr. Krishnasawmy Aiyar wished to refer us relates to proceedings after its institution.