Reports of Cases Decided in the High Court of Madras Volume 4 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1870 edition. Excerpt: ... never been divided but have been held in common, being actually cultivated either by some of the shareholders or by others (it being perfectly immaterial by whom they are held, ) and the emoluments appertaining to the mirasidars derivable therefrom being brought into a common fund divisible among the shareholders in accordance with their shares. The purpose of the suit is to enforce an allotment of specific portions of these common lands to the plaintiffs in proportion to their shares. It may be a collateral object of this suit (as the Civil Judge appears to consider it to be) to get rid of the rights of those of the defendants not shareholders who have rights of permanent occupancy as ulcudies and to reduce them all to the level of parakudies or tenants from year to year. But assuming for a moment that the plaintiffs as shareholders had a right to enforce such an allotment as they seek for, it is obvious that it might be made without any injury to the rights of ulcudies if such there be among the defendants. The process would be after declaring the right of the plaintiflh to the allotment to direct an enquiry whether any, and what portions of the common lands are held by ulcudies, and what portions are held by parakudies and to direct an account to be taken of the quantity and value of the several lands, and then by means of a commission to make an actual allotment to the plaintiffs of specific lands over which they would in future exercise their rights as mirasidars, but subject of course to the rights-of the tenants either as ulcudies or parakudies as the case might be. The present suit has been properly framed for such a purpose, and if the plaintifi"s have the right they claim the investigation alluded to, though it would be a...