NELLORE BUJJAMMA Vs. TASHILDAR RAPUR

JUDGEMENT

(1.) A Full Bench of three Judges consisting of Alladi Kuppuswami, Lakshmaiah and P. A. Choudary, JJ. has by order dated 27- 4- 1979 referred to a larger Full Bench consisting of five Judges for deciding the following question:- "whether the decision of the Full Bench in Y. Veeramma v. Surudamma, AIR 1972 Andh Pra 161 is correct or not in so far as it decides that the Andhra Pradesh (Andhra Area Inams Abolition and Conversion into Ryotwari) Act No. XXXVII of 1956 does not effect the effacement of the inam tenure from the date of passing of the Act and the conversion into ryotwari tenure takes place from the date of grant of ryotwari patta.

(2.) The relevant facts which have given rise to this reference are as follows: with a view to abolish all zamindaries and estates as defined in the Madras Estates Land Act No. 1 of 1908, the Madras Estates (New Andhra Pradesh (Andhra Area) (Abolition and Conversion into Ryotwari) Act No. XXVI of 1948 was enacted. The definition of estate in the said Act as amended from time to time applies to whole inam villages and to marginal inams of hamlets and khandrigas in inam villages. Other inams in inam villages, and in ryotwari and zamindari villages are not covered by the said legislation, and the Government decided to undertake separate legislation with a view to converting them into ryotwari renure. In order to implement the said policy, the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act No. XXXVII of 1956 (hereinafter called the Act ) was enacted providing for conversion of all inam lands under the Estates Abolition Act ) into ryotwari tenure.

(3.) The main scheme or object of the Act is to convert inam lands, known as minor inams, situated in zamindari or ryotwari or inam villages into ryotwari tenure and confer ryotwari pattas on the inamdars and /or the tenants as provided in the Act. In respect of inam land in Zamindari or ryotwari villages, the inamdar is entitled to get a ryotwari patta for the said inam land. In the case of the Inam lands in inam villages, if the inam lands were held by inamdars other than religious, charitable and educational institutions, the tenant in occupation on 7- 1- 1948 of in the absence of such a tenant, the tenant in occupation of the Act will be entitled to ryotwari patta in respect of 2/3 rds of the land in his occupation and the inamdar is entitled to ryotwari patta in respect of the remaining 1/3rd. In the case of the inams. lands held by religious, charitable and educational institutions which are in inam villages, the institutions concerned are entitled to get a ryotwari patta but the tenants in occupation are conferred rights of occupancy in the said land and are made transferable and heritable. Various other provisions have been made of the Act with regard to holding of an enquiry for determining the nature of the land and the person or institution holding the said land and for determination of the person who are entitled to grant of ryotwari pattas. Detailed reference will be made to the entitled to grant of the ryotwari pattas. Detailed reference will be made to the relevant provisions of the Act hereafter while dealing with the rival contentions of the learned counsel for the parties.