P. Sathasivam, J. - (1.) This appeal is filed against the final judgment and order dated 09.10.2000 passed by the High Court of Judicature at Madras in S.T.A. No. 12 of 1996 whereby the Division Bench of the High Court allowed the appeal filed by the Respondents herein and set aside the judgment and order dated 15.07.1996 passed by the Minor Inams Abolition Tribunal (Subordinate Judge), Salem (hereinafter referred to as "the Tribunal") in M.I.A. No. 1 of 1993 in favour of the Appellant-Temple herein.
(2.) Brief facts: (a) According to the Appellant-Temple, in the year 1760, Krishna Raja Udayar, the Rajah of Mysore, granted the village of Jagadapady or Nattapatti together with 12 hamlets, to certain Brahmins. Komarapalayam was one of the 12 hamlets. The grant, however, was not by way of gift of either the land or any portion of the assessment thereon. A number of Brahmins subscribed and collected a sum of Rs. 50,000/-"Rajagopala Pagodas". Four of them, who represented the others as well, paid the amount into the treasury and obtained a grant of Jagadapady and 12 hamlets rent free from the ruler. When Tippu Sultan came to power, he resumed six of the 12 hamlets, allowing the successors of the original grantees to remain in possession of the rest without any obligation to pay any rent on that portion of the village. On the assumption of sovereignty by the British, Captain Macleod confirmed the title on the successors of the grantees in regard to the lands in their possession. During the enquiry by the Inam Commission, it was found that the inam was enjoyed in 110 vritties, however, only persons holding 90 vritties appeared and filed statements and there was No. claim for about 20 vritties. The Inam Commissioner confirmed the inam on 26.01.1863 subject to an assessment of Rs. 566-11-3 in addition to the quit rent of Rs. 299-12-0 and Title Deed No. 1164 was issued in the name of the Appellant-Temple. (b) When the Madras Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act No. 26 of 1963) was enacted, the aggrieved parties challenged the validity of the Notification issued by the State Government by filing a writ petition before the High Court on the ground that Komarapalayam hamlet is not an inam and, therefore the Notification has No. application to that hamlet. They also challenged the validity of the aforesaid Act. The High Court, by order dated 24.06.1966, upheld the validity of the Act. On appeal, this Court, by judgment dated 17.08.1973, confirmed the decision of the High Court in K.M. Sengoda Goundar and Ors. v. State of Madras and Anr., (1973) 2 SCC 662. (c) However, suo motu proceedings were taken by the Assistant Settlement Officer, Salem under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act No. 30 of 1963) (in short "Act No. 30 of 1963"), on the ground that the lands in question situated in Komarapalayam Agraharam hamlet are minor inam lands and, therefore, they are liable to be resumed and converted into Ryotwari lands after the commencement of Act No. 30 of 1963. The Assistant Settlement Officer, by order dated 20.04.1981, granted Ryotwari Patta in favour of the Appellant-Temple for Survey Nos. 2/1, 2/2, 3/1 and 3/3 and classified Survey No. 3/2 as Cart track Poramboke. (d) Against the said classification, the Appellant-Temple filed M.I.A. No. 27 of 1981 before the Tribunal and the other claimants Respondents herein filed M.I.A. Nos. 29-31 and 35 of 1981. By order dated 21.10.1982, the Tribunal allowed all the appeals and remanded the matter to the Assistant Settlement Officer for fresh disposal. (e) Against the said order of the Tribunal, the Appellant-Temple filed S.T.A. Nos. 34-37 of 1983 before the High Court. The High Court, vide order dated 17.08.1988, dismissed the appeals. In the meanwhile, portion of Survey Nos. 3/1 and 3/3 was acquired by the State Government under the Land Acquisition Act for Municipal Shandy and compensation amount was deposited in the Court by the Land Acquisition Officer by his award being L.A. No. 2 of 1983 dated 01.07.1983. (f) Remand Enquiry was taken up by the Assistant Settlement Officer, Dharapuram in S.R. No. 4/90 and by order dated 16.10.1992, the patta was granted in favour of the Temple in respect of all the lands except Survey No. 3/1A in favour of the Respondents. The other lands in Survey Nos. 3/1B and 3/3 were registered in the name of the Municipality. (g) Aggrieved by the said order of the Assistant Settlement Officer granting patta in respect of Survey No. 3/1A in favour of the Respondents, the Appellant-Temple preferred an appeal before the Tribunal in M.I.A. No. 1 of 1993. The Tribunal, by order dated 15.07.1996, allowed the appeal and set aside the order passed by the Assistant Settlement Officer, Dharapuram. (h) Against the said order of the Tribunal, Respondent Nos. 1-4 preferred an appeal being S.T.A. No. 12 of 1996 before the High Court of Madras. The Division Bench of the High Court, by impugned judgment dated 09.10.2000, allowed the appeal and set aside the order passed by the Tribunal and remanded the matter to the Tribunal to decide the case on merits. (i) Aggrieved by the said judgment of the High Court, the Appellant-Temple has preferred this appeal by way of special leave petition before this Court.
(3.) Heard, Mr. R. Venkataramani, learned senior counsel for the Appellant-Temple and Mr. K. Ramamoorthy and Mr. R. Sundaravardhan, learned senior counsel for the Respondents. Submissions:;