Content Provider | Supreme Court of India |
---|---|
e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Madras Estates Land Act 1908 Act of State Properties of Late Ruler seized by Government Subsequent restoration to heirs |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Act of State—Properties of Late Ruler seized by Government—Subsequent restoration to heirs of private properties—If amount to a grant—Nature of the property—Whether “estate" Occupancy rights—Madras Estates Land Act, 1908 (Mad. 1 of 1908), as amended by Madras Act 18 of 1936, S. 55.The property in suit belonged to what was known as the Tanjore Palace Estate. The appellant became owner of the property in 1936 by virtue of a sale on foot of a mortgage decree obtained by his father in a suit of 1926. The respondent had been in possession of the property by virtue of a lease deed dated July 30, 1932, and on August 13, 1936, he got a lease of the property for two years from the appellant. Under the Madras Estates Land Act, 1908, as amended by the Third Amendment Act of 1936, occupancy rights vested in a person who was in direct and actual possession of the Land on June 30, 1934. The respondent instituted a suit against the appellant for the grant of a patta in occupancy right on payment of a fair rent. The appellant pleaded that the provisions of the Act were not applicable to the property in suit on the ground, inter alia, that as it was a part of the Tanjore Palace Estate it could not be considered to be an estate within the meaning of the term in the Act. The history of the Tanjore Palace Estate showed that after the Rajah of Tanjore died in 1855, leaving no male heirs, the Government seized all his properties. Subsequently, in .1962 the private properties of the Rajah were “relinquished” and ‘restored’? by the Government to the widows of the Rajah. The appellants contention was that the manner in which the properties reverted to the widows of the Rajah in 1862 after an act of State showed that it was not a case of a fresh grant by the Government but a restoration of the status quo ante, so that the widows enjoyed both the warams, as before. Held, that the act of State having made no distinction between the private and public properties of the Rajah the private properties were lost by that of State leaving no right outstanding in the existing claimants. The Government order was thus a fresh grant due to the bounty of the Government and not because of any antecedent rights in the grantees. The words “relinquished” or “restored” in the Government order did not have the legal effect of reviving any such right because no rights survived the act of State. The root of title of the grantees was the Government order. |
Judge | Honble Mr. Justice M. Hidayatullah |
Neutral Citation | 1962 INSC 165 |
Petitioner | T. R. Bhavani Shankar Joshi |
Respondent | Somasundara Moopanar |
SCR | [1963] 2 S.C.R. 421 |
Judgement Date | 1962-04-24 |
Case Number | 54 |
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 |