Subrahmania Aiyar, J - (1.)The plaintiff here sues to recover possession of the land in dispute alleging that he is the holder of the office of karnam in the proprietary village of Lukulam and that the land in dispute itself is the emolument of the office.
(2.)The defendant does not set up any right to the. office or its emoluments and his denial of the plaintiff's claim is solely on the ground that the land in dispute is not attached to the said office but was the private property of the plaintiff which passed to the defendant under a Court sale in execution of a decree against the plaintiff. The point for determination is whether. Civil Courts have any jurisdiction or not to entertain such a suit. As Mr. Krishnaswami Aiyar on behalf of the plaintiff pointed out, unless the jurisdiction of the Civil Court has been taken away, that jurisdiction must be taken to exist, and the question is whether Section 21 of the Madras Hereditary Village Offices Act (Madras Act III of 1895) read with the proviso to the first clause of Section 13 takes it away as contended on behalf of the defendant. The bar to the jurisdiction of the Courts created by Section 21 is not absolute but is limited. The matters excepted from the cognizance of the Civil Courts ere: i. claims to succeed to the offices specified in Section 3; ii. claims to recover the emoluments of the offices save the emoluments referred to in Section 13 Sub-section 2, i.e., which consist of lands themselves; and iii. questions as to the rate of amount of the emoluments.
(3.)As the present is a claim not falling under any of these three classes, it would follow that the jurisdiction of the Civil Courts is not excluded.