S MUTHAN Vs. SRINIVASAN SERVAI

JUDGEMENT

(1.) The defendants are the appellants. The suit was filed for a permanent injunction or in the alternative for possession and mesne profits. The suit was decreed for injunction on the finding that the plaintiffs are in possession against which A.S.No.895 of 1978 has been filed, The suit properties are covered by inam title deed Nos.2491, 2492, 2494, 2497 and 4479. The properties are part of Athanur village in Thirumayam taluk. These lands were notified and taken over under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963) with effect from 23rd August, 1965. Thereafter, the plaintiffs claimed ryotwari patta and their claim was conceded by the Assistant Settlement Officer and a ryotwari patta was issued on 4th May, 1972.

(2.) Some of the defendants preferred an appeal against the order of the Settlement Officer to the Minor Inams Abolition Tribunal, Pudukottai, in I.T.C.M.A.No.15 of 1975. That appeal was dismissed on 7th September, 1976. S.T.A.No.287 of 1978 has been filed before the Special Appellate Tribunal under section 30 of Tamil Nadu Act 30 of 1963. It may, however, be mentioned that in the grounds of appeal, a wrong provision of law has been quoted as if the appeal has been filed under section 46(1) of Tamil Nadu Act 26 of 1963, which is not applicable to the instant case. But that makes no difference since an appeal is provided under section 30 of Tamil Nadu Act 30 of 1963.

(3.) Though at one time there was a dispute as to whether the notification and taking over of the estate was under Tamil Nadu Act 30 of 1963 as a minor inam land or whether it was notified and taken over as a Pudukottai Inam under Tamil Nadu Act 26 of 1963, there is no dispute now that the notification was under Tamil Nadu Act 30 of 1963. In fact, the order of the Assistant Settlement Officer specifically stated that the inam lands were notified under section 1(5) read with proviso (1) to sub-section (2) of section 2. of Act 30 of 1963, and that the ryotwari patta was granted to the persons mentioned in the schedule therein who are the plaintiffs in the suit under section 8(1) read with section 11 of Tamil Nadu Act 30 of 1963. The appeal against this order was also preferred to the Inams Abolition Tribunal, Pudukottai, under section 11(3) of Tamil Nadu Act 30 of 1963.