SWAMINATHA ODAYAR Vs. ASAN MUHAMMAD ROWTHER

JUDGEMENT

(1.) The question in this appeal is whether the Civil Court or the Revenue Court has jurisdiction to decide the questions raised in the plaint.

(2.) The properties in suit originally formed part of the Tanjore Palace Estate. In Original Suit No. 3 of 1919 of the District Court of West Tanjore the lands with other properties were allotted to one Vasudeva Sahib, a member of the family. The suit took the form of an interpleader action, but it was in effect a suit for partition. There was an appeal to this Court from the decree of the trial Court. The judgment of this Court was delivered on the 24th January, 1924. It was to the effect that Vasudeva Sahib had received more than his proper share in the estate. Consequently the Court modified the decree of the District Court. Restitution proceedings followed and resulted in the sale of the properties in suit to the first defendant on the 23 December, 1938.

(3.) It is the plaintiffs case that the properties with which the present action is concerned were leased to them or their predecessors in title by Vasudeva Sahib in 1925. They comprise 429.41 acres and according to the plaintiffs they form part of an inam village. This allegation is denied by the defendants. On the 12 March, 1928, Vasudeva Sahib sold the lands to one RM. P.R.M.M. Subramaniam Chettiar, plaintiffs 2 to 5 and the predecessors in title of plaintiffs 1 and 2 attorney to Subramaniam Chettiar, who on the 3 June, 1929, granted them a lease for three years. On the 29 August, 1932, he renewed the lease for seven years.