KANDAPPA ACHARI Vs. SINGARA CHARI

JUDGEMENT

(1.) The petitioners in this case are hereditary blacksmiths of the mirasi village of Agaram. They sued in the District Munsif's Court, Conjeeveram, to eject the defendants from certain land which they said was the emoluments of their office. Defendants 1 to 4, who are the mirasidars of the village, contended that the land was not the emoluments, but that the melwaram only was emoluments, and that the kudivaram vested in the mirasidars. The District Munsif held that his jurisdiction was ousted by Section 21 of Madras Act 3 of 1895. This has been upheld by the District Court and the petitioners now come up in revision against that order.

(2.) After the District Court's order, the petitioners sued in the revenue Court of the Sub- Collector, Chingleput. He decreed the claim, and Defendants 3 and 4 appealed to the District Collector, who held that, in view of proviso (2) of Section 13 (1) of Act 3 of 1895, the Sub- Collector had no jurisdiction and, therefore, reversed that decision. The petitioners have really now come up here in order to ascertain in what forum they have to bring their suit.

(3.) It has been admitted throughout these proceedings, and must be taken as admitted here, although the defendants were prepared to contest the point, that the plaintiffs are now the hereditary blacksmiths holding the office and that their emoluments consist at least of the melwaram of the suit land. The real dispute, therefore, is whether the emoluments consist of the land itself or of the melwaram alone. Now Section 13 (1), proviso (2) of Act 3 of 1895 says that when one of the facts in issue in a suit is whether the emoluments of the office consist of land or of an assignment of revenue payable in respect of land, the Collector shall decide the claim on the assumption that only the said assignment constitutes the emoluments; but such decision shall not bar the right of the claimant to institute a suit in a civil Court for recovery of the land itself.