AIR 1965 SUPREME COURT 118

Supreme Court Of India

(From Madras: 72 Mad LW 93)15th November, 1968.

Hon'ble Judge(s): Ajit Kumar Sarkar, J. C. Shah, Raghubar Dayal , JJJ

Tamil Nadu Estates Land Act (1 of 1908) , S.3(2)(d)— Estate - Confirmation regarding one-half of grant - Not as estate. An Inam had been granted of certain lands in village Siruvengai-Peruvengai by one of the Pandya Kings to certain Brahmins for subsistence and that one half of the village had been in the possession of the zamindar of Shivganga within whose zamindari it was situate, for about fifty years prior to the Inam settlement which was in 1865 and the zamindar claimed to hold it not under any Inam right but as part -of the zamindari. The half had always been included in the zamindari and classed in the Jamabandi account as part of it. The other half of the village was in the possession of various persons who claimed to hold it under the Inam grant of the Pandya King as successors of the original grantees. These persons contended before the Inam Commissioner that the zamindar had arbitrarily resumed half of the village fifty years ago. The Inam Commissioner confirmed as Inam only that half of the village which was in the possession of the persons claiming under the Inam and fixed a quit rent of Rs. 53/- on it and also directed the issue of one title deed. No title deed was however at any time produced. It was conceded by the Government "that there was no confirmation of the other half of the original grant in the name of the zamindar." H....