- (1.) Two questions fall to be determined in this appeal: 1. whether the suit instituted by the respondent G. V. Suryanarayana Garu against the State of Madras was liable to be dismissed because of absence of identity between the persons who served the notice under S. 80 Code of Civil Procedure, 1908 and the person who sued; and 2. whether the lands in dispute covered by title deed No. 279 in Mallinadhapuram constitute an "estate" within the meaning of S. 3(2)(d) of the Madras Estates Land Act, 1908.
(2.) By order dated January 11, 1950 the Government of Madras applied the provisions of the Madras Estates Rent Reduction Act 30 of 1947 to the lands in the village Mallinadhapuram on the footing that the grant was of the whole village, and hence an estate within the meaning of S.3(2)(d) of the Madras Estates Land Act, 1908, and thereby sought to prevent the Inamdars from collecting contractual or customary rent from the tenants who held the lands under the Inamdars.
(3.) G. V. Suryanarayana Garu and Prabha Yegneswara Sastri who collectively held 2-3/4 out of the 8 virttis constituting the inam thereupon served a notice under S. 80 Code of Civil Procedure upon the Government of the State of Madras. The notice recited that the cause of action for the proposed suit arose on the issue of the notification dated January 11, 1950 published in the Fort St. George Gazette on May 16, 1950 and on subsequent dates when the Government of Madras through its officers attempted to interfere with the collection of rent due from tenants, and called upon the Government of Madras to withdraw the notification and to refrain from collecting at reduced rates rent from the tenants and cultivators in Mallinadhapuram or otherwise interfering with the rights of ownership of the inamdars in Mallinadhapuram, and informed the Government that in default of compliance, with the notice, a suit to establish the right claimed would be filed against the State of Madras. The notice set out the names, description and place of residence of the plaintiff and Prabha Yegneswara Sastri. The Government of Madras failed to withdraw the notification, and G.V. Suryanarayana Garu alone instituted, for himself and on behalf of all Inamdars of Mallinadhapuran, Suit No. 45 of 1953 in the Court of the Subordinate Judge, Srikakulam against the State of Madras for a declaration that "the agraharam of Thungathampara alias Mallinadhapuram covered by T. D. No. 279 is not an estate within the meaning of S. 3(2)(d) of Madras Estates Land Act, and the Notification No. 2970 of the Government defendant published at page 1399 of Fort St. George Gazette under Madras Estates Rent Reduction Act XXX of 1947 and subsequent proceedings thereunder are therefore void, illegal and ultra vires.";