LAWS(PVC)-1919-7-9

NANDIGAM SUBBARAYUDU; KANDADY VENKATA KRISHNAMACHARYULU AYYAVARLAM GARU (DEAD) Vs. KANNAM SAHEB; KANTIPUDI MUNSIF PAPAYYA

Decided On July 22, 1919
NANDIGAM SUBBARAYUDU; KANDADY VENKATA KRISHNAMACHARYULU AYYAVARLAM GARU (DEAD) Appellant
V/S
KANNAM SAHEB; KANTIPUDI MUNSIF PAPAYYA Respondents

JUDGEMENT

(1.) The view of the lower Courts that the Agraharam falls under Clause 2(e) of Section 8 of the Estates Land act is clearly erroneous. See Bila Sanyasi Naidu v. Agnihotram Venkatacharyulu 23 Ind. Cas. 96 : 26 M.L.J. 258 : (1914) M.W.N. 318 : 1 L.W. 241.

(2.) It may fall under Clause 2(d), if the land revenue alone had been granted as inam by the Zemindar before the Permanent Settlement.

(3.) On the question of the burden of proving whether the land revenue alone was so granted or both the Warms were granted in the case of villages granted in inam to Brahmins before the Permanent Settlement, there 13 some conflict of opinion in the decisions of this Court.