AIR 1981 MADRAS 100 ::1980 TLNJ 522 ::(1980) 93 Mad LW 107 ::(1981) 1 MadLJ192 ::(1980) Mad LW 707 ::ILR (1981) 2 Mad 119

Madras High Court

Hon'ble Judge(s): V. Ramaswami, Venugopal , JJ

Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act (30 of 1963) , S.3, S.3(b), S.8(1), S.13— Alienee from the grantee of minor inam is not entitled for a patta either under S.8 (1) or S.13 in respect of the land owned by him and over which others have built superstructures - Owners of superstructures alone are not entitled for Patta under S.13 - Provision similar to S.19-A @page-Mad101of the T. N. Act 26 of 1948 is absent in Act 30 of 1963 - The Government in whom the land had vested could however grant patta to the building owners independent of the Act.ILR (1975) 1 Mad 501 and S.A. 1139 of 1969 (Mad), Overruled. Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act (26 of 1948) , S.19A— Since S.3 specifically saves only the express provisions of the Act and in view of the general vesting contemplated by clause (b) of S.3 persons owning land granted as minor inam or alienees from such grantees could not be held to continue to own such lands (sites) over which others have built superstructures. The grantee or his alienee could avoid the vesting of the site only if he had put up the building himself and not when some one else had put up a building therein. The grantee or the alienee owning only the land would not be entitled for a ground rent patta under S.13. Neither they were entitled for a ryotwari patta under....