KASTURI Vs. ANANTHARAM THIVARI

JUDGEMENT

(1.) Until 1863 the Government was paying from the Public treasury in cash Rs. 233-5-3 to the trustees of a charitable mutt, of which the plaintiffs are the present trustees. In 1863 the Government in lieu of the cash payment directed the predecessor of defendants 1 to 4, who was the holder on ryotwari tenure of 5 and odd velis of land, to pay the first crop assessment payable on the land amounting to Rs. 233-5-3 to the trustees of the mutt instead of to the Government revenue officers and obtained from him an agreement (Exhibit D) that he would do so, and from that time the trustees were apparently collecting the said amount and the Government was collecting the 2nd crop assessment on the land amounting to Rs. 120 as well as the whole of the landcess and villagecess from defendants 1 to 4 and their predecessors. In 1893, at the time of the revision of the Tanjore assessment, the assessment for the 1 crop was raised to Rs. 299-8-0, the difference (Rs. 66-2-9) between that and the former assessment being payable to Government direct.

(2.) The plaintiffs bring this suit to recover Rs. 709-8-6, being the amount payable under the arrangement made in 1863 in respect of faslis 1303 to 1306 inclusive. They seek to recover this both personally from defendants 1 to 4 and as a charge on the said 5 and odd velis of land, portions of which have now passed into the hands of defendants 6 to 16,

(3.) The District Munsif gave a personal decree against defendants 1 to 4 only and dismissed the suit in other respects.