SHANMUGAM PILLAI Vs. LA AMBALAVANA

JUDGEMENT

(1.) Prior to coming into force of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (the Act) the land in dispute was Inam land and was given as a grant to the respondent-Adheenam. The Adheenam sold the land to the appellant in the year 1940. After coming into force of the Act the settlement tehsildar granted patta to the appellant under Section 8 (1 of the Act. The order of the tehsildar was upheld by the appellate authority. On a further appeal to the High court under the Act it was held that the patta to the appellant ought to have been granted under Section 8 (2) of the Act and not under Section 8 (1 and consequently the patta could only be granted to him on payment of consideration to the government as provided in the said section.

(2.) The learned counsel for the appellant has contended that the appellant having purchased the land from the Adheenam as back as 1940 he was the absolute owner of the property prior to the coming into force of the Act and as such he was entitled to patta under Section 8 (1 of the Act. We have been taken through the judgment of the High court. We have also examined the provisions of Section 8 (1 and Section 8 (2 (;) (b) of the Act and we are of the view that no fault can be found with the reasoning and the conclusions reached by the Highcourt. On the plain interpretation of Section 8 (2 (i) (and) of the Act the case of the appellant falls under the provisions of the said section.

(3.) We, therefore, dismiss the appeal with no order as to costs.