SREERAMULU CHETTI Vs. VENKATANARAYANA AND OTHERS

JUDGEMENT

(1.) The Additional District Munsif, Parvatipur, referred under Section 113 of the Civil Procedure Code the question regarding the interpretation of the relevant provisions of Madras Act XXX of 1947 under which the local Government professed to issue the notification in regard to the reduction of rents to operate on the entire Jeypore Kumarika's Estate.

(2.) The facts that led to the reference may be briefly stated : The suit holding is part of No. 9 Darmila inam of Belagam within the Jeypore Kumarika's Estate. The said inam is a post-settlement minor inam. The Government, by notification issued under the Madras Estates Land (Reduction of Rent) Act 1947, fixed the rate of rent payable on the suit lands. They also issued a notification on 2-8-1949 under Act XXVI of 1948 taking over the entire Zamindari including the minor inam in which the suit lands are situated. The plaintiff filed the suit for recovery of arrears of rent from 1949 to 1952. The defendants contended, inter alia, that it was only the Government that was entitled to collect rent from the defendants and that, after the estate was taken over by the Government, the District Munsif's Court had no jurisdiction to entertain the suit. In Srinivasa Ayyangar v. State of Madras, 1952-2 Mad LJ 314 , a Division Bench of the Madras High Court, of which one of us was a member, construed the provisions of Act XXVI of 1948 in their application to a minor inam in an estate. At page 321, the Division Bench observed :

(3.) The question, therefore is what is the effect of Section 20 of Act XXVI of 1948 on the rights of the minor inamdar and the ryots under him. Section 20 reads :