Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1894 madras proprietory estate's Village Service Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Allowed |
Headnote | Pleading—Written statement not traverred—Relevant issue not raised but material evidence led by parties—Effect—Construction of document, when involves issue of law—Karnikam service inam —Dumbala Dharmila inam—Madras Fermanent Settlement Regulation of 1802 (Madras Regulation 25 of 1802: —Madras Karnams Regulation 1802 (Madras Regulation 29 of 1802)—Madras Hereditary Village Offices Act, 1895 (Mad. III of 1895). The Madras Proprietary Estate's Village Service Act, 1894 (Mad. II of 1894) S 17.The appellant filed a suit for ejectment of the respondent from 480 acres of jeroyti land and for mesne profit, which was based on a kadapa executed by the respondent in 1951, agreeing to pay an annual rent, and to vacate the land peacefully at the end of the year of tenancy. Similar kadapas were executed in earlier years. The respondent denied that the land was jeroyti land and alleged that it was a part of Dharmila inam and granted to his predecessors more than 100 years ago though muchilakas were taken every year, and claimed kudiwaram rights for himself. He contended that the appellant had only melwaram rights which she had lost as they became vested in the Government after the Estate Abolition Act. The appellant did not seek permission of the court to file a rejoinder to the pleas of the respondent, and the trial proceeded without raising any issue with regard to the subject of Dharmila inam. The trial court found that the land was originally karnikam service inam, which was resumed by the Zamindar in 1925 and regranted as jeroyti land. On appeal a ground was raised that the respondent was prejudiced because the decision was given without any pleas or issue that the land was a Karnikam service inam. The first appellate court found against the respondent but the High Court held that the suit deserved to be dismissed, on the short ground that the decision of the two courts below proceeded on a matter not pleaded or raised as an issue; and held further that the ‘land was a Karnikam service inam and dismissed the suit, The appellants came up by special leave to the Supreme Court. The questions are: (a) whether the suit should be dismissed on the ground of want of proper plea by the appellant in answer to the written statement and (b) whether the decision that this was not a Karnikam service inam is proper in the circumstances of the case. Held, that since each party went to trial fully know in, the rival case and led all the evidence not only in support o: its own contentions but in refutation of those of the other side, it cannot be said that the absence of an issue was fatal to the case, or that there was that mistrial which vitiates ‘ proceedings, and the case could not be decided on this narrow ground. After the passing of Madras Act II of 1894, Karnamas were to be paid in cash and s. 17 of the Act enabled the enfranchisement of lands granted on favourable terms to the Karnamas. Such lands could be granted for village service either by the State or by the proprietor. The gist of s. 17 was that lands granted for the remuneration of the Karnamas were to be resumed by the State if granted by the State, and by the proprietor, if granted by the proprietors and the second proviso to s. 17 was not limited to village artisans or village servants doing: private service but embraced other village servants like Karnamas and others. Held, that from 1903 to 1925 the suit land was treated as held on Karnam service inam liable to be resumed by the Zamindar, that in all the subsequent documents, it was described as jeroyti land, and that the land was held as Karnikam service inam on the date of resumption, and that it was granted as jeroyti land after resumption of the Karnikam service inam. Held, also, that a construction of document; (unless they are documents of title) produced by the parties to prove a question of fact does not involve an issue of law, unless it can be shown that the material evidence contained therein was misunderstood by the Court of fact. Held, further, that a concession made by counsel either by mistake or by ignorance on a point of law is not binding on the client. |
Judge | Honble Mr. Justice M. Hidayatullah |
Neutral Citation | 1962 INSC 152 |
Petitioner | Nedunuri Kameswaramma |
Respondent | Sampati Subba Rao |
SCR | [1963] 2 S.C.R. 208 |
Judgement Date | 1962-04-17 |
Case Number | 233 |
National Digital Library of India (NDLI) is a virtual repository of learning resources which is not just a repository with search/browse facilities but provides a host of services for the learner community. It is sponsored and mentored by Ministry of Education, Government of India, through its National Mission on Education through Information and Communication Technology (NMEICT). Filtered and federated searching is employed to facilitate focused searching so that learners can find the right resource with least effort and in minimum time. NDLI provides user group-specific services such as Examination Preparatory for School and College students and job aspirants. Services for Researchers and general learners are also provided. NDLI is designed to hold content of any language and provides interface support for 10 most widely used Indian languages. It is built to provide support for all academic levels including researchers and life-long learners, all disciplines, all popular forms of access devices and differently-abled learners. It is designed to enable people to learn and prepare from best practices from all over the world and to facilitate researchers to perform inter-linked exploration from multiple sources. It is developed, operated and maintained from Indian Institute of Technology Kharagpur.
Learn more about this project from here.
NDLI is a conglomeration of freely available or institutionally contributed or donated or publisher managed contents. Almost all these contents are hosted and accessed from respective sources. The responsibility for authenticity, relevance, completeness, accuracy, reliability and suitability of these contents rests with the respective organization and NDLI has no responsibility or liability for these. Every effort is made to keep the NDLI portal up and running smoothly unless there are some unavoidable technical issues.
Ministry of Education, through its National Mission on Education through Information and Communication Technology (NMEICT), has sponsored and funded the National Digital Library of India (NDLI) project.
Sl. | Authority | Responsibilities | Communication Details |
---|---|---|---|
1 | Ministry of Education (GoI), Department of Higher Education |
Sanctioning Authority | https://www.education.gov.in/ict-initiatives |
2 | Indian Institute of Technology Kharagpur | Host Institute of the Project: The host institute of the project is responsible for providing infrastructure support and hosting the project | https://www.iitkgp.ac.in |
3 | National Digital Library of India Office, Indian Institute of Technology Kharagpur | The administrative and infrastructural headquarters of the project | Dr. B. Sutradhar bsutra@ndl.gov.in |
4 | Project PI / Joint PI | Principal Investigator and Joint Principal Investigators of the project |
Dr. B. Sutradhar bsutra@ndl.gov.in Prof. Saswat Chakrabarti will be added soon |
5 | Website/Portal (Helpdesk) | Queries regarding NDLI and its services | support@ndl.gov.in |
6 | Contents and Copyright Issues | Queries related to content curation and copyright issues | content@ndl.gov.in |
7 | National Digital Library of India Club (NDLI Club) | Queries related to NDLI Club formation, support, user awareness program, seminar/symposium, collaboration, social media, promotion, and outreach | clubsupport@ndl.gov.in |
8 | Digital Preservation Centre (DPC) | Assistance with digitizing and archiving copyright-free printed books | dpc@ndl.gov.in |
9 | IDR Setup or Support | Queries related to establishment and support of Institutional Digital Repository (IDR) and IDR workshops | idr@ndl.gov.in |