Chennai Court November 1883 Judgments

Vijayasami Vs. Periasami

Court: Chennai

Reported in: (1885)ILR7Mad242

1. This appeal arises in a suit brought by the appellant to recover the zamindari of Sivaganga. The Subordinate Judge dismissed the suit on the ground that it was barred by limitation, that there were nearer heirs in existence, and that the right of succession, if any, which vested in the descendants of the istimrar zamindar, by his alleged first wife, Manikkathal, had become extinct from lapse of time. This zamindari, which is an impartible estate, was acquired, as observed by the Privy Council in Kattama Nachiyar v. The Raja of Sivaganga 9 M.I.A. 543 by the istimrar zamindar, Gouri Vallaba Tevar. He died in 1829, and the representatives of his elder brother, Oya Tevar, then took possession of the estate. Litigation arose between them and the istimrar zamindar's widow, and it was continued by Gouri Vallaba Tevar's daughter, Kattama Nachiyar, whose claim was eventually decreed by the Privy Council in 1863. She was placed thereupon in possession and continued to enjoy the estate until 1...