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Ramanuja Ayyangar and ors. Vs. Virappa Tevan and ors. - Court Judgment

LegalCrystal Citation
Decided On
Reported in(1883)ILR6Mad90
AppellantRamanuja Ayyangar and ors.
RespondentVirappa Tevan and ors.
partition - suit by co-sharer in melavaram of inam village for division of lands--parties to suit--liability to government for quit-rent. - .....would be prepared.5. the decree of the lower appellate court is set aside and the case remanded for re-trial. the parties will bear each their own costs of this.....

Charles A. Turner, Kt., C.J. and Muttusami Ayyar, J.

1. In our judgment this suit can be maintained.

2. The plaintiff is entitled to sue for partition of the lands, though he cannot, without the consent of the Government, put an end to his joint liability for the entire quit-rent.

3. He must implead all raiyats whose rights he questioned in order that the nature of their interests may be ascertained, so that an equitable' partition may be carried out, but he need not implead other raiyats whose rights and privileges are unquestioned.

4. The partition must be carried out by the Collector, and, therefore, when a preliminary decree has been made, it would be sent to the Collector, and, when partition is concluded by the Collector the final decree would be prepared.

5. The decree of the Lower Appellate Court is set aside and the case remanded for re-trial. The parties will bear each their own costs of this appeal.

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