KANNAYIRAM PILLAI Vs. VIRUDUPATTI GINS LTD

JUDGEMENT

(1.) The Second Appeal arises out of a suit to recover six plots of land in an inam village, belonging to. Chokkanathaswamy Temple of Virudupatti, of which the plaintiff and 2nd defendant are trustees. The 1 defendant denied the plaintiff's title to those plots generally; in particular, it was also contended that the 1st defendant was entitled to plot II by purchase from the 2nd defendant (in his personal capacity), to plot II by tracing title to one K. Shanmugam Pillai and as to plot IV by tracing title to one Saravana Muthu Pillai.

(2.) It was also mentioned that a portion of plot III was known as Vannan Ooruni that a portion of plot V contains the memorial stones of the Chukkiliars and is known as Chukkiliar Malai and that plot VI was originally a public path, but has been closed about 20 years ago, by Messrs. Ralli Brothers and fell into disuse. Except as implied in these statements, no plea that any of the plots was dedicated to communal purposes and that the title to them is vested in Government was raised, nor any express issue taken, the 3 issue raising the question of the plaintiff's title generally.

(3.) After the beginning of the trial, the 1 defendant applied for two additional issues, raising the question whether the suit lands are communal lands and therefore the plaintiffs had no title to them and whether the Civil Courts have jurisdiction. The Munsif was of opinion that these points were not raised in the written statement and rejected the application on the 14 March. On the 26th March, another application was filed, praying for amendment of the written statement but was also rejected. The Munsif then decreed the suit.