RAJAH VELUGOTI SARVAGNA KUMARA KRISHNA YACHENDRA BAHADUR ZAMINDAR Vs. DAMARAJU VENKATA RAO

JUDGEMENT

(1.) These appeals are the outcome of proceedings initiated before the Estates Abolition Tribunal, West Godavari district, under section 42 of the Madras Estates (Abolition and Conversion into Ryotwari,) Act (XXVI of 1948) (hereinafter termed the Act). The petitions which give rise to these appeals were filed by either the inamdars or the landholder for the apportionment of the advance compensation deposited by the Government in respect of Malakapuram and Thangallamudi estates. These two estates were taken over by the Government under the notification dated 7th September, 1949. Some were filed by persons claiming a portion of compensation as Badu inamdars while others were filed by the principal landholder, namely, the Rajah of Venkatagiri, and his sons.

(2.) For an appraisal of the questions arising in these appeals, it is useful to state briefly the material facts. Malakapuram and Thangallamudi were impartible estates held by the Rajah of Venkatagiri. There were some minor inams situate in both these villages which were being enjoyed by the inamdars till about the year 1825. In or about 1826, the then Zamindar and the inamdars entered into an arrangement under which the Zamindar took possession of the inam lands on the understanding that the latter should be paid a portion of the income in grain, the conversion value of which was fixed subsequently. The inamdars were paid their share of the income regularly till 1900. When default was committed by the then Zamindar in the subsequent faslis, the inamdars brought a batch of suits for recovery of arrears of income. These suits were decreed in favour of the inamdars notwithstanding the opposition of the zamindar and they were confirmed by the Subordinate Judge on appeal. The then landholder carried the matter in Second Appeal to the High Court of Madras. The Second Appeals ultimately ended in a compromise by and under which the landholder had to pay the inamdars the balance of the arrears, the inamdars were to give up half of the amount of ambaram in respect of the Badu inam for fasli 1318, the landholder, his heirs and representatives should pay from fasli 1320 the inamdars their heirs or representatives the income payable to the latter year after year or with interest at six per cent per annum in default of payment by the due date and that the parties should bear their own costs. The terms of the compromise were fulfilled till 1356 fasli. Thereafter, the landholder did not pay the amounts due to the inamdars as per the terms of the compromise.

(3.) Meanwhile, the Act was passed and, in exercise of the powers conferred by section 3, the Government of Madras took over these two estates and deposited advance compensation in relation to these estates. It is for apportionment of these amounts that the present petitions were presented by the inamdars and the landholders. The relief claimed by the inamdars in some of the petitions was the payment of the arrears of income for faslis 1357 to 1359, while in others the claims was for capitalization of the amounts due to them at various rates. The petitions by the inamdars were resisted on various pleas by the landholder. The Estates Abolition Tribunal awarded arrears of income for three faslis commencing from 1st July, 1947 but dismissed the petitions for capitalization of the income payable to the inamdars for the future.