THE STATE OF MADRAS Vs. ALAGIRISWAMI NAICKER

JUDGEMENT

(1.) The Judgment of the Court was delivered by Kailasam J - -The question that arises for consideration in all these Writ Appeals is the scope and effect of the proviso to Sec. 11(b) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Madras Act XXVI of 1948) (hereinafter referred to as the Act). Writ Appeals Nos. 74 and 112 of 1965, are against the judgment of Veeraswami J. (as he then was) in Writ Petition Nos. 26 and 221 of 1963, where he expressed his opinion on the proviso thus:

(2.) In order to understand the scope of the proviso to Sec. 11(b), it is necessary to consider the relevant Ss. in the Madras Estates Land Act (I of 1908) and the Madras Estates (Abolition and Conversion into Ryotwari) Act, (XXVI of 1948). The preamble to the Madras Act XXVI of 1948 runs as follows: - -

(3.) Sec. 11 of the Act provides that every ryot in an estate shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of all ryoti lands, which, immediately before the notified date, were properly included or ought to have been properly included in his holding. Sec. 11(b) refers to lanka lands. The proviso to the Sec. reads as follows: - -