Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Inam grant-Presumption of lost grant-When arise |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Inam grant-Presumption of lost grant-When arises-Whether grant is of melwaram only or land itself-Construction of grant-Suit for ejectment-Rights of archakas.Though a presumption of an origin in some lawful title may in certain circumstances be made to support possessory rights long and quietly enjoyed where no actual proof of title is forthcoming, that presumption cannot be made where there is sufficient evidence and convincing proof of the nature of the grant and of the persons to whom it was made.In the case of an inam grant, the mere fact that the amount shown in the Inam Register as the assessment was the same as the amount shown in the Inam Statement under the heading "income from the inam" does not lead to an inference that the grant comprised only the melvaram rights and not the land itself.Though in a, proceeding for framing a scheme relating to a temple it may be permissible to take into account the claims, moral though not legal, of the archakas and to make some provision to protect their interest, such considerations are out of place in a suit for ejectment of the archakas on proof of title, especially when they set up an adverse title and deny the title of the temple. |
Judge | Honble Mr. Justice Sudhi Ranjan Das |
Neutral Citation | 1953 INSC 15 |
Petitioner | Buddu Satyanarayana And Others |
Respondent | Konduru Venkatapayya And Others |
SCR | [1953] 1 S.C.R. 1001 |
Judgement Date | 1953-02-26 |
Case Number | 121 |
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