AIR 1986 SUPREME COURT 794 ::1985 TLNJ 1 ::1986 UJ (SC) 489 ::1985 (4) SCC 10 ::(1985) 98 Mad LW 849 ::1985 (2) CurCC 200 ::(1987) 1 Mad LJ 10 ::(1986) 1 APLJ 1

Supreme Court Of India

(From : 1969 (2) Mad LJ 281 and ILR (1970) 2 Mad 788)

Hon'ble Judge(s): V. D. Tulzapurkar, V. Khalid , JJ

Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.64C, S.3(d), S.11, S.15— Tamil Nadu Estates Land Act (1 of 1908) , S.3(15), S.3(16)— Exclusion of Civil Court's jurisdiction - Application by Ryot for Ryotwari Patta under S. 11 - Grant or refusal by Settlement Officer - Adjudication on real nature of land by Civil Court - Jurisdiction of Civil Court is not barred. Civil P.C. (5 of 1908) , S.9— The Civil Court's jurisdiction to adjudicate on the real nature of the land is not ousted under S. 64-C by reason of the Settlement Officer's decision to grant or refuse to grant a patta under S. 11 read with the Proviso to S. 3(d) of the Act. (1969) 2 Mad LJ 281 and ILR (1970) 2 Mad 788 Affirmed. Case-law discussed.(Para 16) There are provisions in the Act dealing with grant of Ryotwari Patta to a Ryot and grant thereof to a landholder. In between the provisions dealing with grant of Ryotwari Patta to a Ryot (Section 11) and the grant thereof to a land-holder(Ss.12 to 15 there is a difference of vital significance; whereas in the case of an application for a Ryotwari Patta by a landholder under Ss. 12, 13 or 14, S.15 in terms enjoins a duty upon the Settlement Officer to examine the nature and character of the land and history threreof and then decide whether the claim of the land-holder shou....