SECRETARY OF STATE FOR INDIA IN COUNCIL REPRESENTED BY THE COLLECTOR Vs. REDDIPALLE HUSSAIN SAHEB (DIED)

JUDGEMENT

(1.) The plaintiff held a tree patta from the Government for five tamarind trees standing on a house site, Section No. 848. That site had admittedly been vacant for some years; but five or six years ago defendants 2 to 6 came and settled there. Section No. 848 was a site reserved for the houses of Madigas. In accordance with the policy of the Government, set out in Board's Standing Order No. 18, the tree patta to the plaintiff was cancelled when defendants 2 to 6 came to settle on the site and the trees were offered to them. As they could not afford to purchase them, the tree patta was granted to them. The plaintiff was aggrieved at losing his tree patta and has brought this suit for a declaration of his right to enjoy the tamarind trees on his paying tree tax as usual and for recovery of possession and for mesne profits. The Government, as the first defendant, contended that the trees belonged to them and that they had a perfect right to grant the trees to whomsoever they pleased. The respective rights of Government and the tree pattadars were dealt with at great length by the Munsiff, who decreed the suit as prayed for.

(2.) In appeal, the learned District Judge disposed of the matter briefly by saying that a patta was not a document of title but was a mere bill for rent or tax which, being of little. or no value, proved nothing. As that was the only evidence on which the Government could rely, the plaintiff was entitled to succeed.

(3.) With due deference to the opinion of the learned District Judge, I do not consider that a patta is quite such a valueless document as he thinks. As was pointed out by Srinivasa Ayyangar, J. in The Official Assignee of Madras V/s. Badri Narayan Doss (1924) 48 M.L.J. 423 : I.L.R. 48 Mad. 454, although a patta is not a title deed, it is a document of title, to which great weight is generally given both by the possessor and by the Government. It is true that a patta is not a title deed in the sense of a document, the grant of which conclusively passes title from the Government to the pattadar; but with regard to a first grant, at any rate, a patta is granted as a matter of course to the person to whom the Government has granted the land. The value of a patta generally comes up for consideration in proceedings between the pattadar and a third party; but as between the Government and the pattadar, a patta clearly has a greater value. The Government cannot say that the pattadar is not entitled to the land or the trees granted under the patta nor can the pattadar say that he is not holding title from the Government. A tree patta, moreover, differs from an ordinary ryotwari patta in being more in the nature of a lease, which was the original meaning hi the word patta.