Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Estates Land 1947 1908 Land (Reduction of Rent) Act Madras Estates Land Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Estate& Land-Inam grants-" Estates"- Whether lnam should relate to whole or named village -Burden of proof- If on person who asserts that it is not "Estate"v-Madras Estates Land (Reduction of Rent) Act, 1947 (Mad. 30 of 1947), s. 1- Madras Estates Land Act, 1908 (Mad. 1 of 1908) s· 3 (2)- Indian Evidence Act, (1 of 1872), ss. 101, 102, 103. The appellant held the major portion of certain villages covered by 5 inam grant• in the District of Vishakapatnam in the State of Madras. The Inam Commissioner had granted fresh inam title deeds in confirmation of the original grants. The Special Officer appointed by the Madras Government under s. 2 of the Madras Estates Land (Reduction of Rent) Act, 194 7, decided that the inam lands covered by the fresh inams were "Estates within s. 3 (2) (d) of the Madras Estates Land Act, 1908 and recommenclrd fair and equitable rates of rent for the rajyati lands in this estate. Subsequently the Government of Madras by a notification in the Gazette fixed rates of rent in accordance with this recommendation. The appellant moved the High Court under Art. 226 of the constitution for the issue of a writ of mandamus directing the State to forbear from giving effect to the notification. The High Court held that the proper remedy of the appellant was by way of a suit and dismissed the petition. The appellant thereupon filed a civil suit and the Trial Court accepted the contention of the appellant that suit land did not constitute an estate as defined in s. 3 ( 2) ( d) of the Madras Estates Land Act, 1903. On appeal to the High Court the decision of the Trial Court was reversed and the appeal was allowed. The present appeal has been filed on a certificate granted by the High Court. On behalf of the appellant, it was contended that there was no material on the record to show that the. original grant was of a whole village or of a village by name, to bring the ands within the definition of "Estate" in s. 3 (2) ( d) of the Madras Estates Land Act, 1908. It was further contended that the burden of proving whether the land constituted an estate lay on the State and the State had failed to discharge this burden. The respondents' contention was that the scheme of the Explanation (1) to s. 3 (2) (d) showed that the legislature intended the court to presume that when a grant as an inam was expressed to be of a named village the area covered by the grant formed an estate but that it was open to a party to rebut this presumption. |
Judge | Hon'ble Mr. Justice K.C. Das Gupta |
Neutral Citation | 1963 INSC 68 |
Petitioner | Varada Bhavanarayana Rao |
Respondent | State Of Andhra Pradesh & Ors. |
SCR | [1964] 2 S.C.R. 501 |
Judgement Date | 1963-03-25 |
Case Number | 340 |
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