SUPREME COURT OF INDIA
J.C. SHAH, G.K. MITTER, K.S. HEGDE, A.N. GROVER AND A.N. RAY, JJ.
Khajamian Wakf Estates etc. Appellants
Versus
The State of Madras etc. Respondents.
Civil Appeals Nos. 2480 to 2509, 2543 to 2546. 2547 to 2553, 2559, 2575, 2576 & 2602 of 1966, 214 to 217, 672 to 674, 1053, 1054, 1055, 1062, 1063, 1457 and 1458 of 1967, and 162, 672, 673 and 1000 of 1968, D/- 18-11-1970
Advocates appeared
M/s. V. Vedantachari, K C Rajappa, S. Balakrishnan and Dr. N. M Ghatate Advocates, for Appellants (In Civil Appeals Nos. 2480 to 2482 2484 to 2509 2575 and 2576 of 1966) M/s. V. Vedantachari and S. Balakrishnan, Advocates, for Appellants (In Civil Appeals Nos. 2543, 2544 and 2546 of 1966), Mr. S. Balakrishnan and Dr. N. M. Ghatate, Advocates, for Appellant (In Civil Appeal No 2546 of 1966); Mr. S. V. Gupte, Sr. Advocate, (Mr. K Jayaram, Advocate, with him), for Appellants (In Civil Appeals Nos 2547 to 2553 and 2559 of 1966); M/s. K Parasuram, K. R. Chaudhuri and K. Rajendra Chaudhuri, Advocates, for Appellants (In Civil Appeals Nos. 2602 of 1966, 214 to 217 and 1055 of 1967); M/s. M S. K Sastri, S. Gopalan and M S. Narasimhan, Advocates, for Appellants (In Civil Appeals Nos 672 to 674 of 1967); Mr. M S. Narasimhan, Advocate, for Appellants (In Civil Appeals Nos. 1053 and 1054 of 1967); Mr. A. V. V. Nair, Advocate, for Appellants (In Civil Appeals Nos. 1062 and 1063 of 1967)- M/s. V. Vedantachari, A T. M Sampath and E C. Agrawala, Advocates, for Appellants (In Civil Appeals Nos. 1457 and 1458 of 1967), Mr. P. C Bhartari, Advocate, and M/s. J. B. Dadachanji and Co., Advocates, for Appellant (In Civil Appeal No 162 of 1968); Mr. K Jayaram, Advocate for Mr. R. Thiagarajan, Advocate, for Appellants (In Civil Appeals Nos. 672, 673 and 1000 of 1968 and 2483 of 1966); Mr. S. Mohan Kumaramangalam, Sr. Advocate, (Mr. A V Rangam, Advocate, with him), for Respondent-State of Madras (In all the Appeals); M/s. R. Kunchitapadam, Vineet Kumar and K Jayaram Advocates, for Respondent No 2 (In Civil Appeal No 2484 of 1966), Mr. M. K. Ramamurthi, Sr. Advocate. (M/s. J. Ramamurthy and Vineet Kumar, Advocates with him) for Respondent No 2 (In Civil Appeals Nos. 2488 to 2490 of 1966)
Constitution of India,1950 - Arts 14, 1 3 (1) (f) and 31 - Madras Inam Estates (Abolition and Conversion Into Ryotwari) Act, 1963 - Madras Enfranchised Inams Act, 1862 - Madras Proprietary Estates Village Service Act, 1894 - Madras Hereditary Village Offices Act 1895 - Inam Lands - Tenants - Arrears of rent - Challenged - Impugned statutes deal with agrarian reforms - They purport to deal with Inam lands - It is profitless to go to the origin of Inams or about their early history - Suffice it to say that Urdu word "Inam" means a gift - Inams grants were made by Rulers for various purposes Some of them were granted to institutions and some to individuals - Broadly speaking there were three types of Inams - First type consisted of the grant of the melwaram right alone - Second category consisted of grant of both the melwaram as well as the kudivaram right - In addition to these two Inams, there were what are known as Minor Inams - Sometime prior to Government took up question of enfranchising the Inams - Whether as a result of Madras Act 40 of 1956, certain Inams have ceased to be Inams, - Held, It is stated at bar that in most of cases now before Court parties have applied under provisions of said Act for determination of character of Inams respectively held by them - It is needless to point out that Tribunal constituted under Act will be entitled to decide that a particular property is neither an existing Inam estate nor a part village Inam estate nor a whole Inam village in Pudukkottai and completely out of coverage of Acts XXV. and XXX of 1963 - Courtalso make it clear that disposal of these writ petitions now does not preclude Inamdars from agitating question that a particular property is not an inam at all and does not fall under any of aforesaid four categories or falls under one or other of categories as may he urged for inamdars - Court agree with High Court that contention in question can be more appropriately gone into in manner suggested by High Court - Appeals dismissed.
Judgment
HEGDE, J.:- In this batch of appeals, the validity of the Madras Inam Estates (Abolition and Conversion Into Ryotwari) Act, 1963 (Madras Act 26 of 1963); the Madras Lease-Holds (Abolition and Conversion Into Ryotwari) Act, l963 (Madras Act 27 of 1963) and the Madras Minor Inams (Abolition and Conversion Into Ryotwari) Act 1963 (Madras Act 30 of 1363) is challenged on the ground that the material provisions in those Acts are violative of Arts 14, 1 3 (1) (f) and 31 of the Constitution The provisions in these Acts reducing the tenants liability to pay the arrears of rent are also challenged on the ground that the legislature had no competence to enact those provisions. A few other minor contentions are also raised in these appeals to which reference will be made in the course of the judgment. All these contentions had been unsuccessfully urged before the High Court. Dealing with the allegation of infringement of Arts. 14, 19 and 31, the High Court in addition to holding that there has been no infringement of those Articles has further held that the challenge to the validity of these Acts on the basis of those Articles is precluded in view of Art. 31-A. Dealing with the contention relating to the reduction of rent the High Court came to the conclusion that the legislature had power to enact the impugned provisions. The High Court also has given reasons for rejecting the other contentions advanced before it. Aggrieved by the decision of the High Court these appeals have been brought by special leave.
2. The impugned statutes deal with agrarian reforms. They purport to deal with Inam lands. It is profitless to go to the origin of Inams or about their early history. Suffice it to say that the Urdu word "Inam" means a gift. The Inams grants were made by the Rulers for various purposes Some of them were granted to institutions and some to individuals. Broadly speaking there were three types of Inams. The first type consisted of the grant of the melwaram right alone. The second category consisted of the grant of both the melwaram as well as the kudivaram right. In addition to these two Inams, there were what are known as Minor Inams. Sometime prior to 1862, the Government took up the question of enfranchising the Inams. The Inams Commissioner went into the rights of various persons claiming to be Inamdars. Thereafter the Madras Enfranchised Inams Act, 1862 (Madras Act IV of 1862) was passed for declaring and confirming the title of the Inamdars. Section 2 of that Act provided that the title deeds issued by the Inams Commissioner or an authenticated- extract from the register of the Commissioner or Collector shall be deemed sufficient proof of the enfranchisement of land previously held on Inam tenure. By Madras Inams (Assessment) Act, 1956 (Madras Act 40 of 1956), full assessment was levied on all Inam lands except melwaram Inams granted on service tenure, without affecting in any way the rights as between the Inamdar and other persons, if any, in possession or enjoyment of the Inam land.
3. Where the loam comprised the entire village, the same was treated as an "estate" in the Madras Proprietary Estates Village Service Act, 1894 (Madras Act 2 of 1894) and the Madras Hereditary Village Offices Act 1895 (Madras Act 3 of 1895) as well as in Madras Estates Land Act, 1908 (Madras Act 1 of 1908). Madras Estates Land Act, 1908 recognised the ryots permanent tenure. That Act secured a permanent right of occupancy to every ryot who at the commencement, was in possession of "ryoti" land or who was subsequently admitted to the possession of such land. Then came the Madras Estates Land (Third Amendment) Act, 1936 (Madras Act 18 of 1936). That Act amplified the definition of the "estate" in the Madras Estates Land Act, 1908,so as to bring within its scope all Inam villages, of which the grant was made, confirmed or recognised by the Government. It also provided that when a question arises whether any land was the landholder s private land
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