High Courts(1912) 11 MAD CK 0016

Sri Rajah Venkatanarasimha Appa Rao Bahadur Zamindar Garu (died) vs Muppidi Subba Reddi and Others

Madras High Court · Decided on 12 November 1912 · Citation: 20 Ind. Cas. 753 : (1913) 24 MLJ 655

CourtKutchehry membership

More clarity. Every judgment.

Download court copies, explore connected cases and make more of every research session.

Loading membership options…

Ask AI about this case

AI Structured Summary

Not yet generated for this judgment

Judgment

11 paragraphs · 274 words
1.

The plaintiff is, the proprietor of a share of an entire agraharam. The suits are to eject certain ryots of the village. The lower appellate Court has

found that the ryots acquired occupancy rights u/s 6 of the Estates Land Act, even if they had none before. The plaintiff made no attempt to prove

that any of the lands in question was his private land. The presumption with regard to an inam is that it consists only of the melvaram. The only

evidence referred to to rebut the presumption consists of two dumbalas DD, EE, but they do not show that theinamdar was entitled to any thing

more than the melvaram share of the produce. Annual dumbalas were often issued by Zamindars to enable inamdars to recover the melvaram

share of the produce. No attempt was made to prove any circumstances which would show that the inam grant included the Kudivaram or that the

inamdar was himself the owner of the Kudivaram at the time that the inam was granted. A Brahmin inamdar is hardly likely to have been the

cultivating ryot. Exhibits DD and EE rather go to show that the melvaram had to be recovered from the ryots in occupation through the agency of

the village officers. The village is therefore an estate within the definition of that expression contained in Section 3 of the Estates Land Act. It is not

contended that any of the lands was old waste. The ryots therefore acquired occupancy rights u/s 6 of the Estates Land Act. It is unnecessary to

consider whether they had such rights before We dismiss the second appeals with costs.