NARASIMHA PATTAMANI DEVI ALIAS PADMAVATHI PATTAMANI DEVI Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an appeal directed by the plaintiff against the Judgment and Decree of the Subordinate Judge of Srikakulam, dismissing the plaintiff's suit O.S. No. 31 of 1955 for a declaration that Merangi Estate does not constitute a zamindari estate within the meaning of section 2 (16) of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948), hereinafter referred red to as ' the Act', but only an inam estate under section 2 (7) of the said Act. The case of the plaintiff was that Merangi Estate was granted in inam within the meaning of section 3 (2) (d) of the Madras Estates Land Act as it stood prior to the Madras Estates Land (Third Amendment) Act of 1936. The contention of the State of Andhra, represented by the Collector of Srikakulam, was that it was a permanently settled estate within the meaning of section 3 (2) (a) of the Madras Estates Land Act. The two important issues that were raised in the Court below were : (1) whether Merangi Estate is a zamindari estate within the meaning of section 2 (16) of the Act or an inam estate under section 2 (7) of the Act ; and (2) whether the suit was not maintainable by virtue of section 9 (4) (c) of the Act. The learned Subordinate Judge found that Merangi Estate was a zamindari estate and not an inam estate and that the suit was also not maintainable. The plaintiff has consequently preferred the appeal to this Court.

(2.) The two questions that were raised by Sri Vedantachari, the learned Advocate for the appellant, before this Court were : (1) that Merangi Estate was an inam estate and not a zamindari estate ; and (2) that the civil Court had jurisdiction to entertain the suit and that the suit was not barred by section 9 (4) (c) of the Act. We shall first take up the question as to whether Merangi Estate was a permanently settled estate or was granted in inam to the predecessors of the appellant. The history relating to Merangi Estate is set out in Vizagapatam District Manual, and it is referred to at page 46 in Zemindar of Merangi v. Sri Rajah Satrucharla Ramabhadra Razu, (1891) I.L.R. 14 Mad. 237 : L.R. 18 I .A. 45 (P.C.).

(3.) In 1803, the zamindari estate was permanently settled in favour of Chandrasekhara Raju. Though the sanad was not produced in that litigation, the kabuliat was filed. At page 48, the following facts are set out :-