THE STATE OF MADRAS, REPRESENTED BY THE COLLECTOR OF RAMANATHAPURAM Vs. L.P.L. PERIAKARUPPAN CHETTIAR AND ORS.

JUDGEMENT

(1.) THIS is an appeal from the Judgment and Decree of the learned Subordinate Judge of Sivaganga in O.S. No. 4 of 1954. The suit was filed by the Nemam Jayankonda Soleswarar temple represented by its trustees consequent on the action taken by the State of Madras under the Rent Reduction Act (XXX of 1947) and the Estates Abolition Act (XXVI of 1948) in respect of alleged whole inam village falling within the scope of the said two Acts. The plaintiff prayed for a declaration that the State had no jurisdiction to deal with the concerned inams as they were not "estates" within the meaning of the Madras Estates Land Act. The suit relates to what are described as the villages of Nemmeniendal, Chettiendal, Vettaikaranendal, Nallampillai, Pethanendal, Ugandavayal and Sirukudivayal. The only question which arose before the learned Subordinate Judge of Sivaganga was whether these alleged villages were "estates" within the meaning of the Estates Land Act. The learned Judge held that none of the so called villages could be deemed to be whole villages and that they are therefore not estates within the meaning of Section 3(2)(d) of the Madras Estates Land Act. He held that Nallampillai Pethanendal, Nemmeniendal, Chettiendal, and Vettaikaranendal were all hamlets attached to the village of Nemam and that the subject -matter of the grant to the temple in Ugandavayal and Sirukudivayal was only specific plots of land forming portion of an inam village. On this finding the learned Judge gave a declaration to that effect and an injunction restraining the Government from taking any action under either of the two Acts mentioned above. The State of Madras is the appellant before us.

(2.) AT the outset we may observe that the material evidence bearing on the question which falls for decision is extremely meagre. The original grants were not produced and we have no idea as to the terms of the original grants. The only documents which are of some assistance are extracts from the Inam Fair Register and Inam Statements and an old account of fasli 1211.

(3.) NEXT we come to three villages dealt with together in an extract from the Inam Fair Register, Exhibit A -2. They are Nemmeniendal, Vettaikaranendal and Settyendal. Here again the date of the grant is unknown but the grantor was Savundarapandya Raja. The jodi in respect of these villages was being collected along with other villages belonging to the temple in a lump sum. In the inam statement relating to this group of villages, Exhibit A -1, these three are described as "Nemom Ulkadai". Now "Ulkadai" signifies a subordinate hamlet in a village group - vide Tamil Lexicon, Vol. 1, page 393. In the account of fasli 1211 there is clear indication that these three formed hamlets of Nemam. They are specifically mentioned and clubbed, together as "in all three endals" of Nemam. On these findings the only conclusion possible is that the grant in respect of these villages could not have been grant of three whole villages. They are therefore not estates within the meaning of the Estates Land Act.