ORDER

CAs Nos. 33-37 of 1990

1. These appeals arise from the common judgment of the High Court of Madras rendered in STAs Nos. 88-92 of 1979 and 51 of 1981 dated 9-8-1988. The Division Bench upheld the order of the appellate Tribunal under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, for short "the Act". The appellant-Institution had claimed ryotwari patta under Section 3 of the Act. The Settlement Officer and the Appellate Tribunal held that the appellant had since both melvaram and kudivaram rights, the presumption drawn under Section 44 supports their right. In addition, they also relied upon the entries in Inam Fair Register, for short the IFR, and they disclosed that the grant was in favour of the Institution. The names of the individuals had not been mentioned in the relevant columns and the respondents are not entitled to the ryotwari patta. But on appeal under Section 30, the Appellate Tribunal reversed the findings and held that Section 44 creates a rebuttable presumption since the evidence placed by the respondents shows that they had kudivaram right in the lands and they were entitled to the ryotwari patta under Section 8 of the Act. Acc