D. LAKSHMANAN Vs. SETTLEMENT OFFICER SURVEY HOUSE, CHENNAI

JUDGEMENT

(1.) The present writ petition assails the cancellation of patta, by the 1st respondent, issued by the Assistant Settlement Officer, Tiruvannamalai and a consequential direction to the 1st respondent to issue patta to the petitioner.

(2.) It is the case of the petitioner that the subject lands, comprised in Survey No.657/1A measuring an extent of 66.70 acres situate in Pallikaranai Village was originally granted to Ettayapuram Jamin as early as in 1888, which was made at the request of Ettappan by the Chief Secretary to Government dtd. 15/3/1888, which culminated in the passing of Government Order in Ms. No.3741, Revenue Department dtd. 6/8/1888. It is the further case of the petitioner that the Governor in Council had granted certain items of land set out in Order No.763, Revenue, dtd. 9/12/1888 as free of assessment, which was followed by issuance of title deed dtd. 21/3/1911 by the Inam Commissioner as free hold land in perpetuity subject to payment of annual quit rent.

(3.) It is the further case of the petitioner that the said Ettayapuram Jamin, Raja Jagaveera Rama Venkateswara Ettappan, being the grantee to the said free hold inam, died on 24/4/1928 leaving behind his son and daughter and the son of the aforesaid Jamin, settled certain properties, including the subject property in favour of his sister Muthulakshmi Kannappan by virtue of settlement deed dated 4/10/1948 and since then the said Muthulakshmi Kannappan had been in exclusive possession and enjoyment of the property continuously beyond the statutorily prescribed period without interruption and as such became the absolute owner of the said property and alos prescribed title by adverse possession.