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Case Number

S.A No. 670 of 1946.

Advocates

Mr. E. Venkatesam for Appts.
Messrs. P. Somasundaram and S. Venkatesa Ayyangar for Respts.

Judges

Viswanatha Sastri, J.

Acts

Section 80, Civil Procedure Code and the language of Section 49 of the Madras Court of Wards Act
Section 49(1) of the Madras Court of Wards Act (I of 1902).
SECTION 80 CIVIL PROCEDURE CODE
Section 49 of the Madras Court of Wards Act,
Section 49 of Madras Act

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Smart Summary

Structured Summary of the Opinion

Factual and Procedural Background

This appeal arises from an action concerning title to a small plot of land (about 12 cents) and a palmyra hedge in the village of Jannavaram (Vizianagaram zamindari). The melwaram in the land vests in the Zamindar of Vizianagaram; during the period in question the Court of Wards managed the zamindari.

Procedural history (as stated in the opinion):

The District Munsif originally tried the suit and dismissed it on 26 October 1943, finding that the plaintiff had not proved title or possession within 12 years.
The plaintiff appealed to the Subordinate Judge of Vizagapatam. The Subordinate Judge remanded the suit to the District Munsif and directed that the Court of Wards be made a party so the court could settle all questions; the Subordinate Judge's judgment was delivered on 2 August 1944.
The Court of Wards was impleaded as the fifth defendant on 18 September 1944. The Court of Wards filed a written statement asserting it was not a necessary party and that the suit was not maintainable because the statutory two months' notice required by Section 49(1) of the Madras Court of Wards Act (I of 1902) had not been given.
On rehearing, documents including the Survey and Settlement Register of Jannavaram were produced and an issue was framed as to maintainability without the notice required by Section 49 of Madras Act I of 1902.
The District Munsif found for the plaintiff and granted declaration and injunction. Defendants 1 to 4 appealed to the District Court of Vizagapatam, which affirmed the District Munsif. Defendants 1 to 4 have preferred this second appeal to the High Court.

Legal Issues Presented

Whether the suit was maintainable in the absence of the two months' statutory notice required by Section 49 of the Madras Court of Wards Act (I of 1902), and whether that notice could be waived (including whether waiver is possible after objection has been raised in the Court of Wards' written statement).
Whether the Courts below erred in their conclusion on the question of title and possession within twelve years (i.e., whether the finding of the plaintiff's title and possession was legally supportable).

Arguments of the Parties

Appellants' Arguments (Defendants 1 to 4)

Primary contention: The suit should have been dismissed for want of the two months' notice required by Section 49 of the Madras Court of Wards Act; such notice is a condition precedent to maintainability and the Court had no jurisdiction without it.
Submission that the plaintiff should have given the Court of Wards two months' notice and awaited expiry before applying to have the Court of Wards impleaded.
Reliance on decisions interpreting the analogous Section 80 of the Civil Procedure Code (including Government of the Province of Madras v. Vellayan Chettiar and Chidambaram Chettiar v. Municipal Council), submitted to support the view that the mandatory statutory notice could not be waived.
Alternate contention (argued lastly): The Courts below reached an incorrect conclusion on title — specifically, that the evidence accepted by the lower courts did not adequately establish the plaintiff's title and possession within twelve years.

Court of Wards' Position (as recorded)

The Court of Wards filed a written statement asserting it was not a necessary party and that the suit was not maintainable because the statutory two months' notice required by Section 49(1) of the Madras Court of Wards Act had not been given.
Subsequently, in the proceedings before the District Judge, the Court of Wards (through its advocate) waived all objections on the ground of want of notice (as recorded by the District Judge and discussed by the High Court).

Plaintiff's Position / Evidence (as recorded)

The plaintiff produced both oral and documentary evidence in support of title and possession within twelve years.
Documentary exhibits specifically identified in the opinion: Ex. P-8 (survey and settlement register of the village), Ex. P-1 (receipt for payment of tree tax in respect of palmyra trees on the land), Ex. P-2 (challan for payment of Nazarana to the Zamin estate), and Ex. P-3 (the patta).

Table of Precedents Cited

Precedent	Rule or Principle Cited For	Application by the Court
Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 Bom. 725 (P.C.)	Held that Section 80, Civil Procedure Code, was express, explicit and mandatory and admitted of no implications or exceptions.	The opinion records this decision as laying down a strict view of the mandatory nature of the notice requirement; but the Court explains how the later Privy Council reasoning in Vellayan Chettiar was taken to distinguish the observations in Bhagchand Dagadusa and not to preclude waiver.
Government of the Province of Madras v. Vellayan Chettiar (1944) 2 M.L.J. 65 (Madras High Court)	The Madras High Court took a strict view that there could be no waiver or estoppel regarding Section 80, Civil Procedure Code.	The Court observed that this contrary view (of the Madras High Court) is no longer law in light of the subsequent Privy Council decision on appeal.
Vellayan Chettiar v. Government of the Province of Madras (1947) 2 M.L.J. 208 : L.R. 74 I.A. 223 : I.L.R. 1948 Mad. 214 (P.C.)	Privy Council holding (Lord Simonds): although the provisions of Section 80 are mandatory in the sense that courts must enforce them, that does not preclude the authority for whose benefit notice is provided from waiving the right to notice.	The Court relied upon this Privy Council decision to hold that the Court of Wards could waive the notice required by Section 49 of the Madras Court of Wards Act (assuming Section 49 is comparable to Section 80), and that the Madras High Court's contrary view has been corrected.
Chidambaram Chettiar v. Municipal Council, Karaikudi and Province of Madras A.S. No. 126 of 1941 (unreported)	Interpreted analogous provisions of Section 80, Civil Procedure Code.	Referred to by counsel as part of the body of authorities on Section 80; the opinion records it but does not treat it as decisive in light of the Privy Council pronouncement.
Madhav Rao Anand Rao v. The Collector of Kolaba (1890) 6 Bom. Printed Judgments p.386	Held that giving of notice under Section 80 was necessary even when Provincial Government was added as a party pursuant to a court order to add the Government.	Cited among authorities relied on for a stricter view; the District Judge had followed such authority, but the High Court did not accept that reasoning in light of the Privy Council decision on waiver.
Bholanath Roy v. Secretary of State for India (1912) I.L.R. 40 Cal. 503	Supported the proposition that notice under Section 80 might be waived by the defendant concerned.	Noted by the Court as part of earlier jurisprudence permitting waiver or estoppel in certain circumstances.
Gangadas Sil v. Secretary of State for India in Council (1916) 20 C.W.N. 636	Supported waiver of notice under Section 80 in certain cases.	Included among cases showing earlier practice that allowed waiver.
Manindra-Chandra Nandi v. Secretary of State (1907) I.L.R. 34 Cal. 257	Held that a defendant could be estopped from pleading want of notice if facts established estoppel.	Cited as authority for the possibility of estoppel on facts sufficient to support it.
Apparao v. Secretary of State for India in Council (1930) 59 M.L.J. 923 : I.L.R. 54 Mad. 416	Adopted a strict view of Section 80 similar to Bhagchand Dagadusa.	Noted as part of the stricter line of decisions which the Privy Council later addressed.
Marina Ammayi v. Secretary of State for India in Council (1941) 1 M.L.J. 328	Held that it was not open to the Collector to waive the plea of want of notice under Section 80; this decision relied on Bhagchand Dagadusa and Gaekwar.	Referred to as supporting the strict view; the Court explained how the Privy Council subsequently corrected the strict line of authorities.
Secretary of State for India in Council v. Perumal Pillai (1900) 11 M.L.J. 117 : I.L.R. 24 Mad. 279	Explained the object/purpose of the notice requirement — to give Government/public officer an opportunity to reconsider or settle claims without litigation.	Referred to by the Court in explaining the purpose behind the statutory notice requirement.
Secretary of State for India v. Gulam Rasul (1916) I.L.R. 40 Bom. 392	Also cited on the object/purpose of the notice provision under Section 80.	Referred to similarly to explain statutory purpose.
Gaekwar of Baroda State Railway v. Hafiz Habib U Haq (1938) 2 M.L.J. 11 : L.R. 65 I.A. 182 : L.R. 1938 All. 601 (P.C.)	Used in support of the strict jurisprudence about Section 80 in some decisions.	Cited by earlier decisions (e.g., Marina Ammayi) that adopted the strict view; the High Court treated the subsequent Privy Council reasoning in Vellayan Chettiar as corrective of that strict approach.
Hirachand Himatlal v. Kasinath Thakurji (1942) 44 Bom. L.R. 727	One of the decisions of other High Courts holding that it was open to Government/public officer to waive the notice required by Section 80.	Noted by the Court as part of the line of authorities taking a view contrary to the Madras High Court; the Privy Council sided with the view that waiver is permissible.
Erashshaw Hormasji v. Secretary of State (I.L.R. 1943 Bom. 186)	Another decision holding waiver possible.	Noted among contrary High Court decisions permitting waiver or estoppel.
Purnachandra Sarkar v. Radharani Dasya A.I.R. 1931 Cal. 175	Decision indicating waiver/estoppel may apply to Section 80 notice requirement.	Included in the set of authorities showing that other High Courts allowed waiver/estoppel.
Ramanarain v. Ramkishan A.I.R. 1934 Pat. 354	Decision in the line permitting waiver or estoppel concerning statutory notice.	Noted by the Court among authorities permitting waiver.
Charuchandra v. Snigdhendu Prosad A.I.R. 1948 Cal. 150	Decision of a High Court consistent with permitting waiver/estoppel.	Referred to as one of the decisions holding waiver/estoppel available; the Court used the Privy Council's reasoning to resolve the conflict in favour of allowing waiver.

Court's Reasoning and Analysis

The Court examined the appellants' principal contention that the suit was not maintainable for want of the two months' notice prescribed by Section 49 of the Madras Court of Wards Act. The Court treated this contention in the light of authorities interpreting the analogous Section 80 of the Civil Procedure Code and then analysed the effect of the Privy Council's decision in the appeal arising from the Madras High Court's decision in Government of the Province of Madras v. Vellayan Chettiar.

Key steps in the Court's analysis (as set out in the opinion):

The Court acknowledged that earlier decisions (notably Bhagchand Dagadusa and decisions of this High Court such as the Madras judgment in Vellayan Chettiar) had taken a strict view that notice under Section 80 was mandatory and could not be waived; some other High Courts had, however, allowed waiver or estoppel in appropriate cases.
The Court examined the Privy Council judgment on appeal from the Madras High Court (Vellayan Chettiar v. Government of the Province of Madras) and quoted Lord Simonds' distinction of the earlier Bhagchand Dagadusa decision. The Privy Council held that the earlier Board's comments in Bhagchand were directed to construction and did not decide that waiver by the authority was incompetent; it concluded that there was no inconsistency between the mandatory character of the section as to court enforcement and the competence of the authority entitled to notice to waive that right.
On this basis the Court concluded that the contrary view previously taken by the Madras High Court was no longer law; the Privy Council had corrected that view (and the Court regarded that correction as binding on it).
The Court then applied this principle to Section 49 of the Madras Court of Wards Act (assuming, for argument's sake, that the meaning and scope of Section 49 correspond to Section 80). It held that the Court of Wards was competent to waive the statutory notice required by Section 49 and that such waiver could be express or implied from conduct so long as the person waiving acted with full knowledge of the facts.
The Court rejected the appellants' submission that waiver was impossible once the Court of Wards had raised the objection in its written statement; the Court explained the nature of waiver as an abandonment of a right which can occur even after a plea has been taken, so long as the action is still pending and not finally determined.
The Court further observed that in the present suit the melwaram (the Zamindar's interest) and the ward's rights were not directly in contest (the suit was between rival kudiwaram claimants), so the Court of Wards was effectively a spectator; the plea as to want of statutory notice was available only to the Court of Wards (the person entitled to notice) and not to the other defendants once the Court of Wards had waived the objection.
On the separate question of title, the Court reviewed the evidence accepted by the Courts below (oral and documentary — Ex. P-8, P-1, P-2 and P-3) and concluded that the lower courts' finding in favour of the plaintiff was based on relevant evidence and was not contrary to law or vitiated by any serious misapprehension.

Holding and Implications

Holding: Second appeal dismissed.

Direct consequences (as stated in the opinion):

The second appeal is dismissed and the plaintiff's title and injunction previously declared and granted by the courts below are upheld.
The appellants are ordered to pay the costs of the first respondent only.
No leave was granted (the opinion states "No leave").

Broader implications (as expressed in the opinion):

The Court held that it was competent for the Court of Wards to waive the statutory notice required by Section 49 of the Madras Court of Wards Act, even where an objection has previously been taken in a written statement. The Court based this conclusion upon the Privy Council's pronouncement in Vellayan Chettiar that an authority entitled to notice under Section 80 CPC may waive that right.
The opinion states that the contrary view previously taken by the Madras High Court (that no waiver or estoppel could be permitted) is no longer law in view of the Privy Council decision.
The Court emphasised that waiver must be by a person with full knowledge of the facts and may be express or implied from conduct; once the person principally entitled to the notice (here, the Court of Wards) waives the objection, that waiver affects the other parties as well.

The opinion does not state that any new general rule of law beyond the application of the Privy Council's correction was formulated; it records the immediate legal consequence for the parties and the reaffirmation of the lower courts' findings on title.

Show full summary ...

Bodi Venkataswami And Other v. Adada Mahalakshmi And Another.

1. Defendants I to 4 have preferred this second appeal from the appellate decree of the District Judge of Vizagapatam declaring the title of the plaintiff and granting her an injunction in respect of a plot of land of the extent of about 12 cents and a palmyra hedge situate therein in the village of Jannavaram in the Vizianagaram zamindari. The litigation which concerns property of a trifling value has had a long and sinuous course coming, as it does, for the fifth time for adjudication by a judicial tribunal. The melwaram in the land vests in the Zamindar of Vizianagaram within the limits of whose estate the property is situate. The Court of Wards had been in management of the Vizianagaram Zamindari during the period with which we are concerned in this case. The District Munsif who first tried the suit dismissed it on 26th October, 1943, on the ground that the plaintiff had not proved her title to the plot in question or her possession of it within 12 years of suit. The plaintiff appealed to the Subordinate Judge of Vizagapatam who, instead of deciding the question of disputed title between the plaintiff and defendants 1 to 4 each of whom claimed only a kudiwaram interest in the land, held quite unnecessarily, that the presence of the Court of Wards in charge of the Vizianagaram zamindari before the Court was necessary in order to enable it effectually and completely to adjudicate upon and settle all the questions involved in the suit and remanded the suit to the District Munsif for disposal after making the Court of Wards a party. The judgment of the Subordinate Judge was delivered on 2nd August, 1944 and the unfortunate plaintiff was obliged to apply and did apply to make the Court of Wards a party defendant to the suit. The application was ordered on 18th September, 1944 and the Court of Wards was impleaded as the fifth defendant. Then started fresh trouble for the plaintiff. The Court of Wards promptly filed a written statement that it was not a necessary party to the suit and that the suit itself was not maintainable in law as the statutory notice of two months had not been given to it as required by Section 49(1) of the Madras Court of Wards Act (I of 1902). At the fresh hearing after remand certain documents including the Survey and Settlement Register of the village of Jannavaram were filed and a fresh issue was framed as to the maintainability of the suit without the notice required by Section 49 of Madras Act I of 1902. The District Munsiff found in favour of the plaintiff's title and granted the declaration and injunction sought by her. Defendants I to 4 preferred an appeal to the District Court of Vizagapatam which affirmed the decision of the District Munsiff. Hence this second appeal.

2. Two questions were argued by Mr. E. Venkatesam, the learned Counsel for the appellants. First he contended that the suit should have been dismissed for want of the notice required by Section 49 of the Madras Court of Wards Act. He contended that two months' previous notice was a condition precedent to the maintainability of the suit and the Court had no jurisdiction to entertain or decide the suit without such notice. He contended that the plaintiff in the present case should have given the Court of Wards two months' notice, waited for the expiry of the two months and then applied to the trial Court for impleading the Court of Wards as a party. The same contention was urged beford the learned District Judge who held that, though-the Court of Wards through its advocate waived all objections on the ground of want of notice, there could be no waiver of the statutory notice of two months which was a peremptory and fundamental pre-requisite of every suit against the Court of Wards. He relied on the decisions of this Court interpreting the analogous provisions of Section 80, Civil Procedure Code, namely, Tne Government of the Province of Madras v. Vellayan Chettiar (1944) 2 M.L.J. 65 and Chidambaram Chettiar v. Municipal Council, Karaikudi and the Province of Madras A.S. No. 126 of 1941 (unreported). In the former case it was held by Leach, C.J. and Shahabuddin, J., that Section 80, Civil Procedure Code, was express, explicit and mandatory and admitted of no exceptions. If the notice required by that section was not given, the Court had no jurisdiction to try the suit. In the latter case it was held by Leach, C.J. and Lakshmana Rao, J., following the decision in Madhav Rao Anand Rao v. The Collector of Kolaba (1890) 6 Bom. Printed Judgments, p. 386 that the giving of notice under Section 80, Civil Procedure Code, was necessary even when the Provincial Government was added as a party to a suit already instituted pursuant to an order of Court directing the addition of the Government as a party. The District Judge, though he purported to follow the above decisions, nevertheless held that the prior order of the Subordinate Judge directing the Court of Wards to be added as a party to the suit operated as res judicata and the objection to the maintainability of the suit for want of the statutory notice was no longer available to the defendants after the order of remand. I confess my inability to understand this reasoning of the District Judge. I consider, however, that the learned District Judge went wrong on the question of waiver and that the decisions of this Court relied upon by him have been superseded by a recent pronouncement of the Judicial Committee.

3. No doubt the Privy Council held in Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J 81 : I.L.R. 51 Bom. 725 (P.C.), that Section 80 of the Civil Procedure Code was express, explicit and mandatory and admitted of no implications or exceptions. In spite of this emphatic statement of the effect of this section, it is permissible to look at its object and purpose. It is to give to the Government or the Public Officer concerned, an opportunity to re-consider his position and to make amends or settle the claim, if so advised, without litigation and waste of public money, see Secretary of State for India in Council v. Perumal Pillai (1900) 11 M.L.J. 117 : I.L.R. 24 Mad. 279, and Secretary of State for India v. Gulam Rasul (1916) I.L.R. 40 Bom. 392. This being the object of the statutory requirement as to two months' notice, it was held by the Courts in this country that the notice under Section 80 might be waived by the defendant concerned, Bholanath Roy v. Secretary of State for India (1912) I.L.R. 40 Cal. 503, Gangadas Sil v. Secretary of State for India in Council (1916) 20 C.W.N. 636, and that the defendant might be estopped from pleading want of notice if in any particular case the facts were sufficient to sustain a plea of estoppel, Manindra-Chandra Nandi v. Secretary of State (1907) I.L.R. 34 Cal. 257. After the decision in Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 Bom.725 (P.C.) a very strict view began to be taken by this Court of the provisions of Section 80, Civil Procedure Code, see Apparao v. Secretary of State for India in Council (1930) 59 M.L.J. 923 : I.L.R. 54 Mad 416. It was held in Marina Ammayi v. Secretary of State for India in Council (1941) 1 M.L.J. 328 that it was not open to the Collector to waive the plea of want of notice under Section 80, Civil Procedure Code and reliance was placed for this conclusion on Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 Bom, 725 (P.C) and Gaekwar of Baroda State Railway v.. Hafiz Habib U Haq (1938) 2 M.L.J. 11 : L.R. 65 I.A. 182 : L.R. 1938 All. 601 (P.C). This view was again affirmed by this Court in The Government of the Province of Madras v. Vellayan Chettiar (1944) 2 M.L.J. 65. In the case last cited the Subordinate-Judge of Devakottai held (a) that the notice issued by the plaintiff was substantially in compliance with the requirements of Section 80, Civil Procedure Code; (b) that even if that were not the case, the Provincial Government had waived the right to question the notice; and (c) that in any event the Government was estopped by its conduct from pleading that the notice was defective. This Court (Leach, C.J. and Shahabuddin, J.) reversed the judgment of the Subordinate Judge on all the three points and held inter alia that there could be no question of waiver or estoppel as it was a matter affecting the jurisdiction of the Court to try the action.. Reliance was placed on the decision of Venkatararnana Rao, J., in Marina Ammayi v. Secretary of State for India in Council (1941) 1 M.L.J. 328 and two decisions of the Judicial Committee already referred to. The other High Courts, however, held notwithstanding the two decisions of the Judicial Committee aforesaid, that it was open to the Government or a public officer to waive the notice required by Section 80, Civil Procedure Code, and that in a proper case there could be an estoppel by conduct against pleading the want of notice as a bar to the suit. See Hirachand Himatlal v. Kasinath Thakurji (1942) 44 Bom. L.R. 727, Erashshaw Hormasji v. Secretary of State I.L.R. 1943 Bom. 186, Purnachandra Sarkar v. Radharani Dasya A.I.R. 1931 Cal. 175, Ramanarain v. Ramkishan A.I.R. 1934 Pat. 354 and Charuchandra v. Snigdhendu Prosad A.I.R. 1948 Cal. 150. But the learned Judges of this Court who decided the case in Government of the Province of Madras v. Vellayan Chettiar (1944) 2 M.L.J. 65, dissented from the decisions of the other High Courts on the ground that the learned Judges who decided those cases had paid no sufficient regard to the wording of Section 80, Civil Procedure Code and to its interpretation. by the Judicial Committee in Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 725 (P.C) Bom.

4. The appeal to the Privy Council was from the decision of this Court in Government of the Province of Madras v. Vellayan Chettiar (1944) 2 M.L.J. 65, and the case squarely raised the question whether the view of this High Court or the contrary view of the other High Courts on the points of waiver and estoppel was correct. The report of the argument before the Judicial Committee shows that all the relevant cases on the topic were cited before the Board. Lord Simonds who delivered the judgment of the Hoard distinguished the prior decision of the Board delivered by Lord Sumner in. Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 Bom 725 (P.C.) in this way:

In the case Bhagchand Dagadusa v. Secretary of State for India (1927) 53 M.L.J. 81 : I.L.R. 51 Bom 725 (P.C.), to which reference has already been made, no question of waiver arose. The observations of Lord Sumner in delivering the opinion of the Board were directed solely to the construction of the section and cannot, in their Lordships' opinion, be regarded as deciding that it is not competent for the authority for whose benefit the right to notice is provided, to waive that right. There is no inconsistency between the propositions that the provisions of the section are mandatory and must be enforced by the Court, and that they may be waived by the authority for whose benefit they are provided." (Vellayan Chettiar v. Government of the Province of Madras (1947) 2 M.L.J. 208 : L.R. 74 I.A. 223 : I.L.R. 1948 Mad. 214 (P.C.)) Later in the course of the judgment their Lordships dealt with the question of estoppel and found that there can be no basis for that plea on the facts of the particular case. It may now fee taken as established that a plea of the want of notice required by Section 80, Civil Procedure Code, or a plea that the notice issued under Section 80 does not conform to the requirements of that section, may be waived by the Government or public officer entitled to such notice.

5. The contrary view taken by the Madras High Court is no longer law. I have discussed the matter at some length as it was argued by the learned Counsel for the appellants that a decision on these points was unnecessary in the view the Judicial Committee took of the form and contents of the notice issued under Section 80, Civil Procedure Code. I consider that their Lordships of the Judicial Committee deliberately corrected what they felt was an erroneous view taken by this Court differing from the other High Courts and even if their pronouncement was obiter it is far too clear and explicit to be ignored by this Court.

6. I therefore consider that it was quite competent to the Court of Wards to waive the notice required to be given by Section 49 of the Madras Court of Wards Act, even assuming that the meaning and scope of the section is the same as that of Section 80, Civil Procedure Code. There is no substance in the contention of the appellants that there cannot be a waiver after objection as to the want of notice had been raised in the written statement filed by the Court of Wards. This argument. entirely overlooks the nature of a plea of waiver. Waiver is an abandonment of a right and may be express or implied from conduct and to be effectual must be by a person who has full knowledge of the facts. A person who has taken a plea based on the want of notice to which he is entitled, may waive it and allow the action to proceed as though the required notice had beer given to him and this can be done so long as the action is pending and has not been finally determined.

7. I may, however, observe that the language of Section 80, Civil Procedure Code and the language of Section 49 of the Madras Court of Wards Act are by no means similar though, under both provisions, two months' notice is required to be given. The present suit is not one relating to the person or property of the ward. The melwaram right of the ward is not in question and will not be affected by the result of the decision in this suit. The contest is between two rival claimants to the kudiwaram interest and the Court of Wards is really a mere spectator of this litigation. Further, I hold that the plea as regards the want of statutory notice is only available to the Court of Wards which is entitled to such notice and not to the other defendants after the Court of Wards itself waived the objection. Such waiver on the part of the person principally concerned affects the other parties as well.

8. Lastly Mr. Venkatasam argued that the Courts below have come to an incorrect conclusion on the question of title to the property. The evidence in support of the plaintiff's title and possession within 12 years is both oral and documentary and has been accepted and relied upon by the Courts below. The documentary evidence consists of Ex. P-8, the survey and settlement register, Ex. P-I, a receipt for payment of tree tax in respect of the palmyra trees on the land, Ex. P-2, the challan for payment of Nazarana to the Zamin estate and Ex. P-3,the patta. I am unable to hold that the finding of the lower Courts based as it is on relevant evidence is contrary to law or vitiated by any serious misapprehension of the effect of the documentary evidence.

9. The result is that the second appeal is dismissed with costs of the first respondent only. No leave.

Bodi Venkataswami And Other v. Adada Mahalakshmi And Another.

Structured Summary of the Opinion

Factual and Procedural Background

Legal Issues Presented

Arguments of the Parties

Appellants' Arguments (Defendants 1 to 4)

Court of Wards' Position (as recorded)

Plaintiff's Position / Evidence (as recorded)

Table of Precedents Cited

Court's Reasoning and Analysis

Holding and Implications

Bodi Venkataswami And Other v. Adada Mahalakshmi And Another.

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