Judgement

Consolidated Appeal (No. 28 of 1932) from two decrees of the High Court (February 1, 1928) reversing two decrees of the Subordinate Judge of Bezwada (February 2, 1922).

In 1909 the Madras Government, acting under s. 17 of Pro prietary Estates Village-Service Act (Mad. Act II. of 1894), enfranchised certain karnam service lands in two villages within the geographical limits of the appellants zamindari. In 1920 he instituted two suits claiming that the Government had no power to enfranchise the lands, and claiming to resume possession of them free from quit rents which

Law Rep. 62 Ind. App. 166 ( 1934- 1935) Raja Vasireddi C. Mouleswara Prasada v. Secretary of State 61

the Government had ordered the karnams to pay. Both Courts in India had held that the lands had been granted to the karnams before the permanent settlement.

The facts, and the terms of s. 17 of the above Act, appear from the judgment of the Judicial Committee.

The Subordinate Judge made decrees in favour of the appellant. He held that the lands had been granted by the appellants predecessor for the performance of private karnam services, and that the grants had not been " granted or continued .... by the Stat