Judgment

R. M. SAHAI, J. The short question that arises for consideration in this appeal is if the land in dispute is, minor Inam as defined in sub-section (9) of Section 2 of the Tamil Nadu Minor Inams (Abolition & Conversion into Ryotwari) Act 1963 (Act 30 of 1963) (hereinafter referred to as Act 30 of 1963) or it is, new-main estate under Act 26 of 1963.

2. Proceedings commenced on an application filed under Section 5 of Act 30 of 1963 by the Devasthanam landholder-respondent for declaration that the land in dispute of Title Deed No. 837 situated in Village Annapettai was minor inams as defined in Act 30 of 1963. The claim was contested both by the tenants appellants and the State Government. The application was allowed by the Settlement Officer. It was found that even though the original grant had not been made available by the respondents nor extracts from Inam Fair Register were filed, yet there was material available on the record for arriving at a decision about the nature of the land. It was held that the original grant for Title Deeds Nos. 836, 838 and 839 were available. Since these grants established that the land carved out of the village had been given to these institut