P KRISHNA PRASAD Vs. K K VEERABHADRACHARI

JUDGEMENT

(1.) This writ Appeal is directed against the judgment of our learned brother, Justice Gopal Rao Ekbote (as he then was) given in W.P. No. 1188 of 1962 with regard to Arepalli Agraharam, Narasaraopet Taluk, Guntur District. The matter has arisen under the Madras Estates (Abolition and Conversion into Ryotwari) Act XXVI of 1948 (herein after referred as "the Abolition Act"). The short question involved is whether the judgment in A.S. No. 18 of 1952 given by the Estates Abolition Tribunal, Vizianagaram, which became final, holding that the inam village, Arepalli Agraharam is not an "inam estate" as defined under section 2 (7) of the Abolition Act on the ground that, though the grant was of a whole village, it was not confirmed by the Government by one title deed but by different title deeds on different dates, bars a fresh enquiry into the question whether the village would not be an inam estate by reason of the amendment of section 3(2) (d) of the Madras Estates Land Act, 1908, which added Explanation 1-A to it and consequently has become part of the definition of "inam estate" as defined under section 2 (7) of the Abolition Act, as "inam estate" as defined thereunder means an estate within the meaning of section 3, clause 2 (d) of the Madras Estates Land Act.

(2.) The Abolition Act was enacted for the purpose of abolishing estates and the introduction of ryotwari settlement in such estates. There are several categories of estates as defined under section 3 (2) of the Madras Estates Land Act. In the present case, we are concerned with the definition of one category of those estates as defined under clause (d) of subsection (2). This definition was amended by Act No. XXXV of 1956 herein after referred to as the Amendment Act of 1956). Before this Amendment Act, section 3 (2) (d) of the Madras Estates Land Act so far as it is relevant for our purpose stood thus:

(3.) After the amendment Act of 1956 the definition is as under :