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1976 Supreme(SC) 64

A.C.GUPTA, P.N.SHINGHAL
P. Venkataswami – Appellant
Versus
D. S. Ramireddy – Respondent


Advocates:
Chandrashekar, K.JAYRAMAN GOWDA, P.PARMESHVARAN, T.V.S.N.Chari

JUDGMENT

GUPTA, J. :—This appeal by special leave arises out of a proceeding started suo motu by the Additional Assistant Settlement Officer, Chittoor, under Section 15 (1) of the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. Section 15 (1) reads : 1067

"Determination of lands in which the land-holder is entitled to Ryotwari Patta under foregoing provisions :- (1) The Settlement Officer shall examine the nature and history of all lands in respect of which the land-holder claims a ryotwari patta under Secs. 12, 13 or 14, as the case may be, and decide in respect of which lands the claim should be allowed."

The first respondent who purchased the land in question on May 12, 1950 claimed a ryotwari patta in respect of the same under Section 13 (b) (iii) which is in these terms :

"13. Lands in inam estate in which land-holder is entitled to ryotwari patta :- In the case of an inam estate, the land-holder shall, with effect on and from the notified date, be entitled to a ryotwari patta in respect of -

(a) x x x

(b) (i) x x

(ii) x x

(iii) all lands (not being (i) lanka lands, (ii) lands of the description specified in Section 3, Clause (16), sub-clauses (a), (b) and (c) of












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