RAJAMMAL Vs. MOOKAN ALIAS PERIA PERUMAL THEVAL

JUDGEMENT

(1.) This appeal by special leave is by the plaintiffs. The material facts of the case are that the suit land belonged to one Venkataramabhadra Naidu, a Zamindar (hereinafter 'Naidu'), who donated it to Bhoodan Yagna on August 18, 1953 by executing documents, Exs. B-1 and B-2, which were unregistered deeds. Later in 1958, the Madras Bhoodan Yagna Act, 1958 (hereinafter 'The Bhoodan Act') came into force. The Madras Bhoodan Yagna Board constituted under Section 3 of the Bhoodan Act and functioning under the Act allotted the suit land to the Defendants who claimed to have been in possession of the land since before the donation. On August 3, 1960, Naidu sold the suit land to the plaintiffs by a registered sale deed for a sum of Rupees 2000/-. The plaintiffs alleged that they were in possession of the suit land but as the defendants were interfering in their possession, they filed the suit for declaration of their title to, and possession of, the suit land. The plaintiff's case was that as the donation of the land by Naidu was not by any registered deed, no title passed to the Bhoodan Board and subsequently to its allottees. namely, the defendants and that Naidu validly transferred title to them.

(2.) The defendants' case, (supra) inter alia, was that the land vested in the Bhoodan Board under the provisions of the Bhoodan Act, and Naidu had no saleable interest thereto which he could transfer to the plaintiffs by the sale deed.

(3.) The Trial Court decreed the plaintiffs' suit. The decree was upheld by the First Appellate Court on appeal by the defendants. Both the Courts held that the donation of the suit land by Naidu was not in conformity with Section 17 of the Registration Act and Section 12 of the Transfer of Property Act and as such title to the suit land did not pass from Naidu to the Bhoodan Board. The defendants preferred a second appeal before the High Court. The High Court reversed the decree of the Courts below and dismissed the plaintiffs' suit.