AIR 1957 ANDHRA PRADESH 182 ::1956 Andh WR 739 ::1956 AndhLT 99 ::ILR (1956) Andh 764

Andhra Pradesh High Court

Hon'ble Judge(s): Viswanatha Sastri, Krishna Rao , JJ

Inam - Dasabandham inams - Nature of - Alienability of dasabandham main lands. Tenancy Laws. Madras Estates Land Act (1 of 1908) , S.139(1)(a), S.140— Tenancy Laws. Madras Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.17(2)— The responsibility of the Government for maintaining in order the tanks and irrigation channels in permanently settled estates was transferred to the Zamindars under the permanent Settlement. In order to discharge this public duty cast upon them, the Zamindars granted lands in their estate by way of Dasabandham inams, requiring the grantees to maintain the particular tanks and channels assigned to them in good repair. The Dasabhandham inam was, therefore, a grant of land burdened with service of a public nature, the obligation of the Zamindar in this respect devolving on the grantee of the inam and if the inamdar defaulted to keep the tank or channel in good repair, the obligation to do so again devolved on the Zamindar. It was for this reason that the Zamindar was entitled to resume the Dasabhandham inam on default of service by the inamdar, liability to resumption on default of service being a condition of the grant. In the case of Dasabhandham inams situated in ryotwari villages the Government has the right of resumption on default of service. (See Board's Standing Order 56 and S. ....