the subordinate judge of dindigul accepted the plaintiffs companytention and decreed the suit.
in 1928 the collector of madurai passed an order resuming the inam lands and directing full assessment of the lands and payment of the assessment to the math for its upkeep.
on february 18 1954 the plaintiff instituted a suit against the math represented by its present mathadhipathi and an agent of tile math claiming recovery of possession of the suit lands.
appeal by special leave from the judgment and decree dated july 16 1959 of madras high companyrt in second appeal number 513 of 1957.
during the pendency of the appeal the plaintiff respondent died and his legal representatives have been substituted in his place.
one basavan chetti was in management of the math for a period of 20 years from 1915.
the plaintiff claimed title to the suit lands on the follwoing grounds 1 since 1915 he and his predecessors in interest were in adverse possession of the lands and on the expiry of 12 years in 1927 he acquired prescriptive title to the lands under s. 28 read with art.
v. viswanatha sastri s. s. javali and ganapathi iyer for appellants.
144 of the indian limitation act 1908 2 by the resumption proceedings and the grant of the ryotwari patta a new tenure was created in his favour and he acquired full ownership in the lands and 3 in any event he was in adverse possession of the lands since 1928 and on the expiry of 12 years in 1940 he acquired prescriptive title to the lands under s. 28 read with art.
after resumption the lands were transferred from the b register of inam lands to the a register of ryotwari lands and a joint patta was issued in the name of the plaintiff and other persons in possession of the lands.
in 1883 the then mathadhipathi granted a perpetual lease of the melwaram and kudiwaram interest in a portion of the inam lands to one chinna gopiya goundar the grandfather of the plaintiff respondent on an annual rent of rs.
the judgment of the companyrt was delivered by bachawat j. sri sarangadevar peria matam of kumbakowas the inamholder of lands in kannibada zamin dindigul taluk madurai district.
134 b of the indian limitation act 1908.
the plaintiff continued to possess the suit lands until january 1950 when the math obtained possession of the lands.
on appeal the district judge of madurai set aside the decree and dismissed the suit.
on second appeal the high companyrt of madras restored the judgment and decree of the subordinate judge.
civil appellate jurisdiction civil appeal number 544 of 1963.
the defendants number appeal to this companyrt by special leave.
the demised lands are the subject matter of the present suit.
since 1915 the descendants of chinna gopia goundar did number pay any rent to the math.
in 1915 the mathadhipathi died without numberinating a successor.
k. garg.
between 1915 and 1939 there was numbermathadhipathi.
the present mathadhipathi was elected by the disciples of the math in 1939.
the plaintiff claimed that he acquired title to the lands by adverse possession end by the issue of a ryotwar patta in his favour on the resumption of the inam.
since 1883 until january 1950 chinna gopiya goundar and his descendants were in uninterrupted possession and enjoyment of the suit lands.
s. c. agarwal d. p. singh and m. k. rama murthi for the respondents.
