GOPAL RAO EKBOTE, J.

( 1 ) THE Assistant Settlement Officer, Anakapally started a suo motu enquiry under Section 15 of the Madras Estate (Abolition and Conversion into Ryotwari) Act, (hereinafter called " the Act") to determine the nature and history of the land and to consider the claims of the land holders for the grant of ryotwari patta.

( 2 ) AT a later stage of the said enquiry two land-holders claimed patta for themselves alleging inter alia that the land in question is zeryothi private land.

( 3 ) THE 1st respondent in the proceedings opposed the claim of the land-holders and claimed patta for himself contending that he has the occupancy rights and he is therefore entitled to the patta.

( 4 ) THE 2nd respondent the daughter - in - law of the original tenant contended that her father-in-law was the original tenant and had occupancy rights. He having died the 2nd respondent is the legal heir and therefore entitled to the grant of ryotwari patta.

( 5 ) THE Assistant Settlement Officer after proper enquiry held on 23-5-1959 that the land is darmilla inam and consequently the land-holders are not entitled to patta under Section 15 of the Act. In the same order he however, held th

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