MUTTUVADUGANADHA TEVAR Vs. PERIASAMI ALIAS UDAYANA TEVAR

JUDGEMENT

(1.) HER Majesty in Council is called upon to decide yet another dispute arising out of the succession to the zemindary of Shivagunga. The nature of the dispute is "test stated by reference to the pedigree (see overleaf) set out in the case of the respondent, who was the defendant below.

(2.) THE effect of the litigation which ended in the year 1863 was to establish that the zemindary was the self-acquired property of the Istimrar zemindar, and that it devolved upon his younger and only surviving daughter, Kattama, in preference to collateral heirs. Predigree. Gourivallabha Tevar, Muttuvaduga Tevar. Istimrar zemindar, died 1829. Male line of usurpers, Married 2nd wife, Married 3rd wife, ousted by Decree of Rakku. Velu. Privy Council in 1863. Vellai Nachiar, Kattama Nachiar, died before 1863. died 1877. Zemindar by Decree of Dhoraisinga Tevar, Privy Council, 1863. died 1883. 9 M.I.A. 543. Zemindar by Decree of Privy Council in 1881. Muttuvaduganadha, 8 LA. 99. defendant in suit which ended in 1881. Periasami, Plaintiff and appellant defendant and herein. respondent herein.

(3.) DHORAISINGA being dead, the plaintiff has preferred a fresh claim to the zemindary. He maintains that the Istimrar zemindar is still the root of title, and that he, being a grandson, is entitled to succeed in preference to the defendant, who is a great-grandson. The defendant maintains that Dhoraisinga acquired full and complete ownership, and became a fresh root of title, so that the property descended to his son.