RIKKA YELLAYYA Vs. RIKKA PYDAMMA AND ANR.

JUDGEMENT

(1.) THE plaintiff's husband and the second defendant's (appellant's) father were brothers. The plaintiff's husband died in 1925; and her case is that her husband became divided from the second defendant's father in 1910 and that they had been in separate enjoyment of their respective shares of the property. In 1937, the plaintiff got herself recognised by the Vizianagaram Samasthanam as a joint pattadar with the appellant on the recommendation of a Revenue Inspector. Later on, when she applied for a separate patta, the Samasthanam sent a surveyor to demarcate the land and measure it, so that it could ascertain what portion of the rent was due from her. While attempting to do so, the servants of the Samasthanam were obstructed by the appellant; and so the Samasthanam expressed itself unable to grant a separate patta as requested. Hence the suit under Section 55 of the Madras Estates Land Act for a separate patta.

(2.) THE first Court held that the plaintiff's husband had not become divided from his brother and that she was not therefore entitled to any share in the property. It further held that she had not adopted the proper procedure in filing a suit under Section 55 of the Madras Estates Land Act. It therefore dismissed the suit. In appeal, the learned District Judge discussed very summarily the question whether the suit under Section 55 was maintainable; and on the other evidence found that she had proved that her husband had become divided from the second defendant's father and that she was therefore entitled to a separate patta. He therefore directed the Samasthanam to issue a patta.

(3.) MOST of the arguments in this Court have turned on the interpretation of Section 145 of the Madras Estates Land Act, the question being whether the plaintiff was bound to adopt the procedure laid down in Section 145(6) or whether the suit in the present form was the appropriate remedy for the plaintiff. Section 145(1) says that the landholder is bound to recognise any transfer or devolution of property; and Sub -section (5) is to the same effect. Sub -section (6) provides a summary procedure in case of a difference between the parties interested in the holding, enabling any party to the dispute to apply to the Collector for a certificate that there was a devolution of the property. If he obtained a certificate, the landholder was bound to recognise the devolution and to issue a patta and to enter the name of that person in the accounts as a ryot of the whole or portion of the holding. Under Sub -section 7(ii) the landholder is bound to issue a joint patta in cases where the land has not been divided by metes and bounds. If the portion has been divided by metes and bounds, then under Sub -section 7(ii) the landholder is bound to enter into separate engagements wtith the holders of the sub -divisions. The plaintiff complains that the landholder has not done his duty under Section 147(7)(iii).