(ALAKKI) VENKATARAMAYYA Vs. (RAJAH SAHEB MEHARBAN-I-DOSTAN SREE) RAJAH VAUR VENKATAKUMARA MAHIPATHI SURYA RAO BAHADUR

JUDGEMENT

(1.) The question arising in this second appeal is one relating to the application and working of Secs.145 and 146, Madras Estates Land Act. Respondent 1 in this second appeal is the Maharajah of Pithapuram. In the village of Pavara in his estate, three brothers of the Chellikani family, Buchirayanim Guru, Tammayya Garu, and Achutha Rayanim Garu, were holding certain lands, under patta No. 6. The holding consisted of the following Survey Nos. with their corresponding extents.

(2.) The rent of the whole holding was Rs. 392-11-0. The evidence shows that the three brothers divided the holding and were enjoying their respective portions separately. Of these fields, the 2nd, the 3 above mentioned, namely Section Nos. 205 and 214/2 fell to the share of the eldest brother Buchirayanim Garu. The shares of the other two brothers were sold to various persons. In the year 1912 steps were taken to have a register of record-of-rights far this village under Ch. 2, Madras Estates Land Act. The preliminary register is Exs. D-1 to D-5. Objections were filed by the two brothers (Exs. E and E-1). Thereupon an order was passed (Ex. E-2) recognizing their transfer and registering the aliences along with the eldest brother. The final record-of-rights was then prepared (Exs. G, G-1 and G-2), dated 30 May 1913 According to this record-of-rights the rent for S. No. 205 was Rs. 74-8-0 and for S. No. 214/2, Rs. 3-2-0. Thus the rent for the two survey fields in the possession of Buchirayanim Garu was Rs. 77-10-0. In the proceedings before the Revenue Officer who prepared the record-of-rights there was no dispute about the rent of the various fields.

(3.) The objection related to the alienations and all the parties agreed to the rates of rent as finally settled in the record-of-rights. Buchirayanim Garu and his sons then began to alienate these two fields by sale deeds, Exs. C, C-1, C-2 and C-3, ranging between April and October 1913. The vendee Venkatachalam and his undivided brother Yenkataswami sold the property to the plaintiff under two sale deeds dated 22 September, 1923 (Exs. A and B). Soon after the sale the plaintiff and his vendors put in a petition to the zamindar praying that the transfer to the plaintiff should be recognized and that patta should be issued in his name. No reply was received to this petition. Para. 4 of the plaint contains an allegation that after receipt of this petition the zamindar caused notice to be sent by shekarnam of his Tillage, collected cist of Rs. 77-10 0, fixed for the said two fields and cesses and granted a receipt; to the plaintiff as purchaser, but he neither granted patta in the name of the plaintiff nor caused the land to be entered in his name.