TORAM MANIKYAM Vs. SRIMATI TIRUMALA RAGHAVACHARYULU AYYAWARLAM GARU

JUDGEMENT

(1.) The second appeal has been preferred by the defendants against a decree for eviction from the suit lands of the extent of about eight acres situated in Narsimha Apparaopuram Agraharam. The Courts below have held that Narasimha Apparaopuram Agraharam was not a whole village inam, that the original grant by the Zamindar was not of a village but only of a portion of a village and that, therefore the lands in suit are not situated in an " estate " within the meaning of section 3 (2) (d) of the Madras Estates Land Act.

(2.) The original grant is not available and we have got only the extract from the Inam Fair Register and also the Inam Statement made in the course of the proceedings for enfranchisement of this Inam in 1859. It is clear from Exhibits A-1 and A-2 that the original grant was not of a village but was only of parts of three villages of Vipparru, Bulusupalem and Yencilapalli. The grant was made by the Zamindar Venkatadri Apparayanimvaru in fasli 1165. From the Inam Statement, Exhibit A-2 it appears that the grant was only of a part of three villages. (Civil Misc. Petition No. 583 of 1956).

(3.) The defendants have filed G.M.P. No. 583 of 1956 asking this Court to stay the hearing of this second appeal. The application was made under section 4 of the Andhra Inam Tenants' Protection Act (XIV of 1954). Section 1(2) provides that the Act applies to tenants in any hamlet, khandrika or substantial portion of an inam village, of which the grant as inam has been made, confirmed or recognised. Section 4, sub-section (1) of the Act, provides that all suits, proceedings in execution of decrees or orders or other proceedings for the eviction of tenants from inam lands, or in which a claim for such eviction is involved, shall stand stayed subject to the provisions of the sub-sections that follow.