R E MUHAMMAD QASIM RAVUTHER Vs. RGNAGARAJA MOOPANAR

JUDGEMENT

(1.) These appeals are against the order of the Subordinate Judge of Tanjore in the matter of appointment of a Receiver in O.S. No. 81 of 1926 on his file. That suit was filed by the plaintiff to declare that he is the reversionary heir of the Kapistalam Estate. The last male owner was one Chandrapakasa Moopannar who died in 1869, leaving a widow who died in 1884. On her death their daughter Seethalakshmi Ammal succeeded. She died on 9 March 1926. Her husband Krishnaswami Mooppannar died on 29 April 1926. On Seethalakshmi Ammal's death there were three sets of claimants first, the plaintiff, who claims as the son of Seethalakshmi Animal's daughter; second defendant 1, who claims as the adopted son of Seethadakshmi Animal's husband; and third, defendants 2 to 5 who claim as dayadis of the last male owner. Defendants 1, 2 and 5 have compromised between themselves and now present a united front to the plaintiff who is suing for a declaration of his title and for the possession of so much of the estate as is not now in his possession.

(2.) While Seethalakshmi Ammal was alive, the estate was being managed, latterly at least, by a power-of-attorney agent, who is defendant 6, and was largely in the actual possession of lessees the periods of whose leases have yet a considerable time to run. Thus the plaintiff is holding a lease, Ex. E, dated 23 September 1925, of 50 or 60 velies in Satyamangalam village, current for nine years and defendant 2 holds a lease, Ex. 7, dated 14 October 1922, of 170 or 180 velies, current for ten years. Under Ex. A, a document dated 4 February 1926, defendant 2 is prima facie entitled to the rents of practically the whole estate. This Ex. A was given by the power-of-attorney agent, while Seethalakshmi Ammal was still alive, and it must for purposes of these appeals be accepted as made under authority and, therefore, valid. Criticizm such as the Subordinate Judge makes on its terms appears to us here beside the point.

(3.) The plaintiff applied to the lower Court for the appointment of a Receiver to take over the management and collection of rents of the estate, to look after the charities, to lease out the, properties on proper rents, to recover moveables secreted by the defendants and prevent waste and injury. The lower Court, after an elaborate enquiry, has, in a lengthy order directed the appointment of a Receiver who shall take over the management of the estate; collect rents from the lessees, take possession of such of the estate as is not in possession of lessees, conduct charities and preserve the property. Against this order the defendants have come up in appeal.