IRULAPPAN SERVAI Vs. VEERAPPAN ALIAS KALUVANDAN SERVAI

JUDGEMENT

(1.) The Officiating Chief Justice: The suit lands in this case were brought to sale under the Madras Estates Land Act in 1914 for arrears of rent and bought in by the Zemin Revenue Inspector. They were sold by the latter to the plaintiff on the 28 of August 1915 and delivered over on the 16 November 1915 According to plaintiff they were subsequently trespassed on by defendants and he sued for possession with mesne profits and damages. The defence raised was that the lands were the property of the 6 defendant by right of purchase from the 3 defendant who in his turn had acquired title by virtue of a court auction sale in execution of a mortgage decree against the original ryot who defaulted in his rent. This Court auction was as long ago as 1911 and it is admitted that neither 3 nor 6 defendant took steps under Section 146 of the Madras Estates Land Act to obtain transfer of tenancy in their favour although it is stated that on one occasion in 1913 the Zatnin Revenue Inspector took rent from the 6 defendant. This would not effect a transfer of tenancy.

(2.) The grounds on which the Lower Appellate Court has held the suit to be liable to dismissal are three in number. Two of them are newly raised in first appeal.

(3.) The first ground is that the Revenue Inspector Samavayyar who executed the sale deed exh. P to plaintiff was not competent to transfer the land; because his purchase at the rent sale was on behalf of the Zamin. A perusal of Exh. P seems to indicate that in that transaction also he was acting on behalf of the Zamin; but, however this may be, no objection of this kind was taken in the written statement or apparently at any time in the first court; certainly, no issue was framed to cover it; and plaintiff had no notice or chance of meeting it. I do not think such a plea should have been admitted on respondents behalf in appeal and I must reject it.