NESLAPU PAPIREDDI Vs. CHINTAPALLI APPALARAMULU

JUDGEMENT

(1.) In the year 1661 of Salivahana era corresponding to 1789 A.D. the then Maharaja of Vizianagaram, carved out a block of lands out of a village and gave a specific name to it and then granted that named area to one Burra Butchanna. The question is whether that grant is an inam estate with the meaning of section 3 (2) (d) of the Madras Estates Land Act, 1908.

(2.) The litigation in this matter has undergone many vicissitudes and has had a long and chequered carreer. The settlement officer took up the question under section 9 of the Estates Abolition Act and by his order dated 31st July, 1967 decided that this area is an inam estate under section 3 (2) (d). In the inamdar's appeal before the Tribunal, it was held in its decision dated 7th September, 1968 that it was not an estate. The ryots filed W.P.No. 4894 of 1968. A learned single Judge of this Court quashed the order of the Tribunal by his order dated 4th October, 1969 and held that it was an inam estate. In writ appeal, however, the Division Bench by its decision dated 30th November, 1970 directed the matter back to the Tribunal for fresh consideration. By its decision dated 9th December, 1971 the Tribunal once again held that the area was not an estate. Again the ryots brought up the matter in writ petition to this Court in W.P.No. 3574 of 1972. Kondaiah, J., allowed the writ petition holding that the grant was an inam estate. The present appeal is directed against the decision of our learned brother Kondaiah, J.

(3.) The block of lands was granted by the Zamindar himself to the grantee as "Seetharamachandrapuram" agraharam. Evidently because the grantee was Burra Butchaiah it came to be known as "Burravaaripalem" agraharam. The grant consisted of wet, dry and mango garden lands. The inam settlement and the inam fair register give the following details in regard to the grant. The total Gudakattu land was stated to be G.121-20 in local measures out of which 90 measures of land was wet and 31-20 measures dry. This was arrived at before deducting the paramboke. The paramboke was an extent of 10 local measures. Then the boundaries of the inam village were given. The inam fair register shows that the inam Commissioner fixed Rs. 750 , as the assessment of the Village and that the Agraharamdars had agreed to the enfranchisement. The grant made by the Maharaja was recommended by the Deputy Collector for confirmation and acting on that recommendation the grant was confirmed and a title deed was given to the Agraharamdars. In this .case, however, the original grant which was given by the Maharaja of Vizianagaram to Burra Butchanna, is available. Therefore the nature of the grant has to be decided with the fid of the actual contents of the grant. We have referred to the inam statement and the inam fair register only for the purpose of learning the actual details of the extent of land, the boundaries etc., of what h ad been granted. The first portion refers to the grant as Agraharam Bhoodhana Dharma Sasana Ratta. The body of the document reads thus: