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Tenancy and Land Laws: T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963), Sections 2(9), 2(11) Explanations 1(a) and 1(b) - T.N. Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963), Section 2(9) - Lands whose grant was expressed only in terms of acreage or cawines do not constitute a "Part village inam estate" and are excluded from the operation of Act 26 of 1963 - Such land is a "minor inam" D under Section 2(9) of Act 30 of 1963 - Intention of the legislature was to encompass all inam estates within the fold of Act 26 of 1963 and if an exception was made, the exclusion has to be made keeping in view the intention of the legislature - Exclusion cannot be read by ipse dixit but only through clear unimpeachable evidence - High Court rightly upheld the findings of the Tribunal that on the basis of records, the grant of the disputed lands could not be said to be only in terms of acreage - As the grant land consisting of two separate and distinct areas formed apart of two separate and identifiable villages, the said areas could not be a "part village inam estate" covered by the definition in Section 2(11) of Act 26 of 1963 - Tamil Nadu Inams (Supplementary) Act, 1963 (Act 31 of 1963), Section 5 - Tamil Nadu Inams (Supplementary) Rules, 1965, Rule 5. T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963), Sections 2(9), 2(11) Explanations 1(a) and 1(b) - T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963), Section 2(9) - Legislative development on inams and estates traced - T.N. Inams Act, 1869 (Act 8 of 1869) - T.N. Regulations, _1802 and 1822 - T.N. Land Recovery Act, 1908 (Act 1 of 1908) - T.N. Estates Land (Third Amendment) Act, 1936 (Act 18 of 1936). T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963), Section 2(11) Explanation 1(b) - "Minor inams" - The significance of Explanation 1(b) lies in that all inam estates are covered under Act 26 of 1963 and all such estates stand transferred and vested in the State - All preceding enactments in respect of inam estates have been repealed except to extent of Explanation 1(b)-This residual inam is carried over and read as "minor inam" under Section 2(9) of Act 30 of 1963 - Therefore, the land excluded by Explanation 1 (b) is not covered by Act 26 of 1963 but is covered by Act 30 of 1963. Ancient Hindu law - Beneficial interest in land - Under the ancient Hindu system there were two beneficial interests in land, namely (1) that of the sovereign or his representative, and (2) that of the cultivator (or Ryot) holding the land - The cultivator's right arose from occupation of the land - Thus the grant of an inam did not and could not have touched the cultivator's right in the land, except in rare case where the grantor also held the cultivator's interest at the time of the grant. Words and Phrases - Words "estate", "part", "part village inam estate" and "minor inam" - Meaning of - In the context of T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963); T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963). Evidence Act, 1872 - Sections 61 & 63 - Prior judgment as secondary evidence - Secondary evidence in respect to a grant of land - In absence of primary evidence regarding such grant, secondary evidence gathered from an earlier judgment of the High Court about the same land on a different question and between different parties. Interpretation of Statutes - Basic Rules - Determination of legislative intent - History of the land reform legislations concerning inam estates - Intention of these legislation was to encompass all inam estates within its fold - Small exclusion made in case of "minor inams" - The exclusion has to be read keeping in view the intention of the legislation - Madras Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963), Sections 2(9), 2(11) Explanations 1(a) and 1(b) - T.N. Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963), Section 2(9). |
