AIR 1963 SUPREME COURT 264 ::1963 2 SCJ 389 ::1963 (1) SCR 173

Supreme Court Of India

(From Andhra: AIR 1956 Andhra 81)

Hon'ble Judge(s): B. P. Sinha, P. B. Gajendragadkar, K. N. Wanchoo, N. Rajagopala Ayyangar, T. L. Venkatarama Ayyar , JJJ

Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.20(1)— Grants - Inam - Shrotriem village-Grant whether includes sub-soil rights - Question depends on terms of grant - Original grant not available - Inam fair register stating merely that grant was for personal advantage of inamdar and it included poramboke - Grant held did not include sub-soil rights - Mining lease granted by inamdar is of no legal effect. AIR 1956 Andhra 81, Reversed. The mere fact that a person is the holder of an inam grant would not by itself be enough to establish that the inam grant included the grant of sub-soil rights in addition to the surface rights; the grant of sub-soil rights would depend upon the language used in the grant. If there are no words in the grant from which the grant of sub-soil rights can be properly inferred the inam grant would only convey the surface rights to the grantee, and the inam grant could not by itself be equated to a complete transfer for value of all that was in the grantor. AIR 1921 PC 1, Rel. on.(Para 8) Where the original grant in respect of a shrotriem village was not available and all that was available was the inam fair register of 1861 in which it was stated that the grant was for the personal advantage of the holder and that it included a poramboke. @p....