CHENNAVEERIAH Vs. MYSORE REVENUE APPELLATE TRIBUNAL

JUDGEMENT

(1.) These eighteen writ petitions are heard together because they are directed against the same order of a Full Bench of the Mysore Revenue Appellate Tribunal. The order was made in connection with several appeals pending before the Tribunal, preferred by the inamdar of an inam abolished under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954, against the orders of the Special Deputy Commissioner registering certain lands in the names of different tenants under S.4, 5 or 6 and rejecting the inamdar's claim for registration thereof in his name under S.9 of the Act.

(2.) During the pendency of the appeals the Deputy Commissioner made an award of compensation under Section 17 of the Act. The Inamdar received compensation without preferring any appeal against the award. Thereupon, the tenants-respondents in the appeals before the Tribunal raised the objection that the appeals should no longer be proceeded with by the in?mdar because by receiving the compensation he must be held to have accepted the position that the lands in question were not registerable in his name under S 9. The basis for the argument is that under S. 17 of the Act, compensation is payable to an inamdar in respect of, among other items, lands registered in the names of tenants under S.4, 5 or 6 and under S.9 the lands, in respect of which any person is entitled to be registered under Ss.4, 5, 6, 7 or 8, cannot be registered in the name of the inamdar.

(3.) It appears from the order of the Full Bench that two Division Benches of the Tribunal had on prior occasions taken conflicting views on the question whether receipt of compensation in the circumstances mentioned above would disentitle the appellant-inamdar from proceeding with the appeals. The issue referred to the Full Bench as set out at the commencement of the order is: