ADHEENAKARTHAR Vs. THIRU M PATTABHIRAMAN

JUDGEMENT

(1.) F.M. IBRAHIM KALIFULLA, J. 1. These two appeals arise out of a common judgment of the Minor Inams Tribunal "(Sub-Court) of Chengalpattu, dated 30-10-1981 in C.M.A. Nos. 35 and 34 of 1973.

(2.) C.M.A. No. 35 of 1973 was preferred by the appellant against the order dated 14.5.1973 of the Settlement Tahsildar, Chengalpattu made in S.R. No. 24/AIB/73 Act 30/63/Sdt, while C.M.A. No. 34 of 1973 was preferred by the appellant against the order dated 14-5-1973 of the Assistant Settlement Officer, Chengalpattu made in S.R. No. 24/AIB/73/Act 30/63/Sdt. The orders of the Settlement Tahsildar, as well as that of Assistant Settlement Officer were identical while granting relief in favour of the respondents herein and as such, the appellant preferred the above two appeals in C.M.A. Nos. 35 of 1973 and 34 of 1973 before the Minor Inams Tribunal (Sub Court) of Chengalpattu who also confirmed the findings of the Settlement Tahsilder as well as the Assistant Settlement Officer. Aggrieved against the said common judgment rendered in C.M.A. Nos. 35 of 1973 and 34 of 1973, the appellant has come forward with these two Special Tribunal Appeals.

(3.) IT is also relevant to note that the order of the Settlement Officer, Salem dated 14-10-1971, in an enquiry held under Act 26 of 1963 holding that the grant mentioned in Ex.P1 was a part village grant or Minor Inam grant, has become final and conclusive. In fact, while rendering his decision, the Settlement Officer, Salem also referred to the Judgment of this Honourable Court rendered in S.T.A. No. 7 of 1958 dated 3-1-1961 wherein the point in issue was whether the grant was of whole village and the ultimate finding was that the grant in T.D. No. 482 of Adambakkam village was not a grant of Inam Estate within the meaning of Estates Abolition Act 26 of 1948 and that it was not a whole village Inam grant. As in that appeal, the High Court was not concerned with the issue whether the grant made in T.D. No. 482 was a part village grant or Minor Inam grant under the provisions of the Tamil Nadu Act 26 of 1963, the Settlement Officer, Salem went into the said question by applying the conditions laid down in Section 11 of the Tamil Nadu Act 26 of 1963 and interpreted the terms of the grant as mentioned in Ex.P1 and in the absence of the original grant, while reaching the conclusion that what was granted and confirmed under T.D. No. 482 was a Minor Inam in the village of Adambakkam, the Settlement Officer, Salem relied upon the decision of this Honourable Court dated 3-1-1961 rendered in S.T.A.7 of 1958 holding that the grantor reserved interest in the village and that some of the Minor Inams were granted subsequent to the major grant. In fact it was after the order of the Settlement Officer, Salem in 1478 of 1971, dated 14-10-1971, the village covered by T.D. No. 482 was notified under Section 1(5) of Act 30 of 1963 and transferred to the Government and vested with it with effect from 15-2-1965.