LAWS(MAD)-1955-9-16

SRIMATHI SARASWATHI BAI, BY POWER OF ATTORNEY AGENT T.S. SRINIVASA RAO Vs. THE CHAIRMAN, ESTATES ABOLITION TRIBUNAL AND ANR.

Decided On September 16, 1955
Srimathi Saraswathi Bai, By Power Of Attorney Agent T.S. Srinivasa Rao Appellant
V/S
The Chairman, Estates Abolition Tribunal And Anr. Respondents

JUDGEMENT

(1.) THESE are applications under Article 226 of the Constitution for the issue of writs of certiorari, to set aside the order of the Appellate Tribunal constituted under the Estates Abolition Act, confirming the orders of Assistant Settlement Officer.

(2.) THE petitioner was the landholder entitled to what was known as the Pudur zamindari, which consisted of a number of villages. The estate vested in the Government after the Government issued the notification prescribed by Section 3 of the Abolition Act. The petitioner applied to the Assistant Settlement Officer for ryotwari pattas for various items of lands, in nine villages. Except possibly in the case of one item in Melapatti Village, all the lands for which the petitioner applied for ryotwari pattas stood registered in the accounts maintained by the landholder as poramboke lands. Two of the items were described further as nandavanams. The rest were described as topes. The topes contained either tamarind or palmyrah trees.

(3.) ALL the three members of the Tribunal were of the opinion that the petitioner's claim for a ryotwari patta for the nandavanams failed. The chairman and the Third Member were of the view, that the petitioner's claim for ryotwari pattas for the topes also failed. The Second Member differed from them on that point and held that the petitioner had established her claim to ryotwari pattas for these items.