AIR 1940 MADRAS 783

Madras High Court

Hon'ble Judge(s): Horwill , J

(A) Lease - Patta is document of title and has great value as between Government and pattadar. Although a patta is not a title deed, it is a document of title, to which great weight is generally given both by possessor and by the Government. It is true that a patta is not a title deed in the sense of a document, the grant of which conclusively passes title from the Government to the pattadar; but with regard to a first grant, at any rate, a patta is granted as a matter of course to the person to whom the Government has granted the land. The value of a patta generally comes up for consideration in proceedings between the pattadar and a third party; but as between the Government and the pattadar a patta clearly has a greater value. The Government cannot say that pattadar is not entitled to the land or the trees granted under the patta nor can the pattadar say that he is not holding title from the Government. A tree patta moreover differs from an ordinary ryotwari patta in being more in the nature of a lease, which was the original meaning of the word patta :(Para 783C2) (B) Lease - Government has right to trees standing on unoccupied sites and has right to issue tree patta for them. Although the Government do not ordinarily charge any tax for t....