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1999 Supreme(SC) 542

B.N.KIRPAL, UMESH C.BANERJEE
Raja Somasekhar Chikka – Appellant
Versus
M. Paduravatamma – Respondent


Judgement

Kirpal, J.-Punganur Estate in Chittoor District in Andhra Pradesh was an impartible estate of which Raja Veera Basava Chikkar Royal Varu was the last Zamindar. The question involved in these appeals by special leave reltates to the alienations made by the said Raja of some of the properties which formed part of the said estate.

2. It is an admitted case that the estate was governed by the provi­sions of Impartible Act 1904. Under Section 4 of the said Act the Zamindar had no right to alienate impartiable property beyond his life time. The estate was governed by the rule of primogeniture and an alienation under the 1904 Act could, inter alia, be done for the benefit of the family.

3. In 1908 the Madras Estate Land Act was passed defining the subsiti­tution, rights and liabilities of land-holders of ryoti and made declarations of the existence of the occupancy rights of the ryoti. The lands were divided into two classes; (1) ryoti land and; (2) private land. It is not necessary to consider this Act in great be­cause it is not in dispute that the Raja continued to be the Zamindar of the Punganur estate. In 1948 the Madras Estate (Abolition and Conversion into Ryotwari) Act (her




















































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