KATIKARA CHINTAMANI DORA Vs. GUNTREDDI ANNAMANAIDU

JUDGEMENT

(1.) This appeal by certificate involves an examination of the limits of the respective jurisdictions of the Settlement Officer/Tribunal and the Civil Court in relation to an inquiry under Section 9 (1) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short, Abolition Act) and the effect of the Amending Acts 17 and 18 of 1957 and Act 20 of 1960 on cases regarding such an inquiry pending in or decided by the Civil Courts. It arises out of the following facts:

(2.) The lands in dispute are situated in village Kadakalla, Taluk Palakonda. On June 13, 1950, the then State Government issued and published a notification under the Madras Estates (Reduction of Rent) Act, 1947 (for short, Rent Reduction Act) in respect of this village. Subsequently, the Settlement Officer of Srikakulam suo motu made an enquiry as to whether this village was an "estate" or not within the contemplation of Section 9 (2) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (for short called Abolition Act) and by an order, dated September 2, 1950, held that it was not an 'inam estate' within the meaning of Section 2 (7) of the Abolition Act. The Settlement Officer further recorded a finding that village Kadakalla became an estate by virtue of the Madras Estates Land (3rd Amendment) Act, 1936. Against that order of the Settlement Officer, the appellants herein carried an appeal to the Estates Abolition Tribunal, Vizianagaram. The Tribunal by its order, dated September 16, 1952, dismissed the appeal in limine, with the observation that the decision of the Settlement Officer being in their favour, the appellants had no right of appeal.

(3.) The appellants then instituted O.S. 47 of 1953 in the Court of the Sub-ordinate Judge, Srikakulam against the State Government for a declaration that Kadakalla village was not an 'estate' under S. 3 (2)(d) of 1908 Act, and consequently, the Rent Reduction Act and the Abolition Act were not applicable to it. The trial Court decreed the suit. Aggrieved by the decree, the State preferred an appeal (A. S. No. 668 of 1954) to the High Court of Andhra Pradesh.