PATURI LAKSHMINARASAMMA Vs. ALLA RAGHAVAYYA

JUDGEMENT

(1.) The question to be answered in this appeal is whether Edubadu Agraharam is an inam village within the definition of the Madras Estates Land Act. The respondent raised a suit in the Court of the Subordinate Judge of Bapatla, claiming occupancy rights in the lands in dispute and alleging that they are situated within the Edubadu Agraharam which constitutes an inam village falling under section 3 (2) (d) of the Estates Land Act, that he was let into possession of this property in the year 1940 as a tenant for a period of 8 years, that this was prolonged for another two years, and that subsequently with a view to defeat the rights acquired by him in these lands, the 1st defendant entered into an agreement to sell these properties with both the warams under Exhibit B-7 with defendants 2 and 3 for a stated consideration of Rs. 30,000.

(2.) The suit was resisted on two grounds that Edubadu Agraharam was not a village within the scope of section 3 (2) (d) of the Madras Estates Land Act and secondly the plaintiff by surrendering possession of the property had lost the rights in the land, if any. Overruling the two objections, the trial Court entered judgment for the plaintiff.

(3.) In this appeal brought by the aggrieved ist defendant the main controversy centres round the question whether the agraharam in question is a village as contemplated by section 3 (2) (d). To adjudicate upon this point, it is necessary to appreciate the true legal position in this behalf. For that purpose, reference has to be made to clause (d) of sub-section 2 of section 3 of the Estates Land Act. " Estate means- any inam village of which the grant has been made, confirmed or recognised by the Government notwithstanding that subsequent to the grant, the, village has been partitioned among the grantees or the Successors in title of the grantee or grantees". 'In 1945 an explanation was added by the Legislature the purpose of which will be noticed presently. That recites :