P KRISHNA PRASAD Vs. K K VEERABHADRACHARI
HIGH COURT OF ANDHRA PRADESH
P. Krishna Prasad And others
Kolasani Koti Veerabhadrachari And others
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Ramachandra Raju, J. -
(1.) This writ Appeal is directed against the judgment of our learned brother, Justice Gopal Rao Ekbote (as he then was) given in W.P. No. 1188 of 1962 with regard to Arepalli Agraharam, Narasaraopet Taluk, Guntur District. The matter has arisen under the Madras Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 (herein after referred as "the Abolition Act"). The short question involved is whether the judgment in A.S. No. 18 of 1952 given by the Estates Abolition Tribunal, Vizianagaram, which became final, holding that the inam village, Arepalli Agraharam is not an "inam estate" as defined under section 2 (7) of the Abolition Act on the ground that, though the grant was of a whole village, it was not confirmed by the Government by one title deed but by different title deeds on different dates, bars a fresh enquiry into the question whether the village would not be an inam estate by reason of the amendment of section 3(2) (d) of the Madras Estates Land Act, 1908, which added Explanation 1-A to it and consequently has become part of the definition of "inam estate" as defined under section 2 (7) of the Abolition Act, as "inam estate" as defined thereunder means an estate within the meaning of section 3, clause 2 (d) of the Madras Estates Land Act.
(2.) The Abolition Act was enacted for the purpose of abolishing estates and the introduction of ryotwari settlement in such estates. There are several categories of estates as defined under section 3 (2) of the Madras Estates Land Act. In the present case, we are concerned with the definition of one category of those estates as defined under clause (d) of subsection (2). This definition was amended by Act No. XXXV of 1956 herein after referred to as the Amendment Act of 1956). Before this Amendment Act, section 3 (2) (d) of the Madras Estates Land Act so far as it is relevant for our purpose stood thus:
'3 (2) 'Estate' means
(d) any inam village of which the grant has been made, confirmed or recognised by the British Government, not withstanding that subsequent to the grant, the village has been partitioned among the grantees of the successors in title of the grantee or grantees.
Explanation (1): Where a grant as an inam is expressed to be of a named village, the area which forms the subject matter of the grant shall be deemed to be an estate notwithstanding that it did not include certain lands in the village of that name which have already been granted on service or other tenure or been reserved for communal purposes.
Explanation (II) :.................................
(3.) After the amendment Act of 1956 the definition is as under :
'3 (2) 'Estate' means :
(d) (i) any inam village, or
(ii) any hamlet or Khandriga in an inam village, of which the grant as an inam has been made, confirmed or recognised by the word 'British' was omitted by the Adaptation Order, 1950) Government notwithstanding that subsequent to the grant such village, hamlet or Khandriga has been partitioned among the grantees, or the successors in title of the grantee or grantees.
Explanation (I) : Where a grant as an inam is expressed to be of a named village, hamlet or Khandriga in an inam village, the area which forms the subject-matter of the grant shall be deemed to be an estate notwithstanding that it did not include certain lands in the village, hamlet or Khandriga the words 'in an inam village' were subsequently omitted by Act XVI of 1957 with retrospective effect from 7-1-1948) of that name which have already been granted on service or other tenure or been reserved for communal purposes.
Explanation (I-A) : An inam village, hamlet or Khandriga in an inam village granted in inam, shall be deemed to be an estate, even though it was confirmed or recognised on different dates, or by different title deeds, or in favour of different persons.
Explanation (l-B) : :..............
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