NEELAPU PAPIREDDI Vs. CHINTAPALLI APPALARAMULU

JUDGEMENT

(1.) In the year 1961 of Salivahana era corresponding to 1739 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 within the meaning of Sec. 3(2) (d) of the Madras Estates Land Act 1908.

(2.) The litigation in this matter has undergone man) concissitudes and has had a long and chequered career. The Settlement Officer took up the . question under section 9 of the Estate 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 7-9-68 that it was not an estate. The ryots filed W.P. No. 4894/68. A learned single Judge of this Court quashed the order of the Tribunal by his order dt. 4-10-1969 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 dt. 9-12-1971, 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 W.P. 3574/72 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 "Seetharam Chandrapuram" Agraha ram. Evidently because the grantee was Burra Butchaiah it came to be known as " Burravaripalem"' 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 Guddikattu land was stated to be G. 121-20 in local measurements out of which 90 measures of land was wet and 31-20 measures dry. This was arrived at before deducting the poramboke. The peroramboke 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 Agra- haramdars 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 aid 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 had been granted. The first portion refers to the grant as Agraharam Bhoodhana Dharma Sasana patta. The body of the document reads thus:.