Chennai Court April 1945 Judgments

Srimat Sree Vidya Sankara Bharath Swamivaru, Trustee of Sri Chandramou ...

Court: Chennai

Reported in: AIR1945Mad490; (1945)2MLJ207

Chandrasekhara Aiyar, J.1. These three appeals have been preferred by the landholder, which is the Pushpagiri Mutt, against an order of the Subordinate Judge directing the plaints to be returned for presentation to the Revenue Court as the lands in respect of which the suits have been brought form part of an 'estate.'2. Both the Courts have held that the Lingamguntla Agraharam in which the lands are situated is an 'estate.' The District Munsiff dismissed the suits on this finding but the Subordinate Judge directed the plaints to be returned, which, of course, is the proper order to make, if the finding is correct.3. It is contended for the appellant that as the grant to the mutt was not of an entire village, but only of part of a village, there having been minor inams at the time which were not subject-matter of the grant, the agraharam cannot be called an 'estate' within the meaning of the Act and according to the decisions of this Court. It is to meet these decisions that legislation...