Explanation 3 to Section 3 (2) (d) of the Madras Estates Land Act is applicable to inam villages, parts of which were resumed even before the Act came into force.

( 1 ) THE questions that fall for decision by the Full Bench are whether Panasa Nandivada Agraharam is an estate within the meaning of Sec. 3 (2) (d) of the Madras Estates Land Act (hereinafter referred to as the Act) and whether Explanation 3 is applicable to it notwithstanding that a small portion of it was resumed prior to the passing of the Act.

( 2 ) THIS is the problem that presents itself in all the appeals and revision petitions. They arise out of suits brought by the appellant-petitioner for recovery of rents against tenants in the several Courts of Srikakulam district for different faslis.

( 3 ) THESE suits were resisted by the defendants, inter alia, on the defence that the lands being situate in an estate within the definition of S. 3 (2) (d) of the Act which described an estate, the Civil Court has no jurisdiction to try the suits. These objections prevailed with all the Court, except in O. S. No. 52 of 1953, the subject matter of which was 15 acres 76 cents. This suit was decreed as it was found to be ryotwari land and, therefore, excepted from the scope of estate defined in the Act.

( 4 ) THE circumstances under which the tenure of these lands differed from the rest of the village will appear presently. The question whether these lands really constituted part of an estate or not is no longer a live one as the judgement and decree therein have become final, no appeal being taken against it by the tenants. The plaintiff has filed the conclusion of the trial Courts.

( 5 ) THE main point that calls for determination is whether the lands lie in an estate. This depends upon whether Panasa Nandivada Agraharam is an estate within the terms of the Act. The chief evidence, which has a bearing on this controversy is furnished by Ex. A. 29, a copy of the yadast davulu account of 1834 and Ex. A-3, the inam fair register extract bearing on this village.

( 6 ) THE first document discloses that the Agraharam was granted in or about the year 1694 by Pedakuramarajah Narendrayanugaru, the Zamindar of Palakonda to Aratla Venkata Rama Narasimhacharyulu. The Agraharam was bounded by four villages. The deduction shown therein are gramanivesanam, village topes planted about 150 years back, tanks, channel dug about 130 years back, gorjas, submersion areas and burial ground which are of an extent of 16 garces. The correctness of some of the recitals therein was not accepted at the inam fair register Ex. A-3. It is mentioned therein that the names of grantor and the grantee were not known. The Inam Fair Register extract shows that this village was granted in inam under one grant and that the village comprised of of 46 graces and 10 putties. It further appears from the document that Panasa Nandivada was an ancient Agraharam, that the entries made in the account of Fasli 1244 were accepted as correct by the Inam Commission, that an extent of 15 putties which fell to the share of Panda Padmanabhacharyulu who joined with the pithuridars was added to the Government share and that it is not entered in that register. One of the entries in that document reads as follows: "this village Panasa Nandi Agraharam shares 2 and 9".

( 7 ) A combined reading of these two documents establishes that the inam consisted of a whole village and that an extent of 16 graces consisted of grama nivesanam, village topes, tanks, channel, gorjas, submersion areas and burial ground and there were deducted for the purpose of ascertaining the assessment payable by the inamdars. Although an argument was presented in the courts below that, having regard to the deductions set out above, the grant could not be regarded as of a repeated before us, since it is now well established that the exclusion of porambokes etc. could not detract from the nature of the grant of whole village as an inam if otherwise the conditions of Sec. 3 (2) (d) of the Act were complied with. The exclusion of these sites was only to find out the amount of quit rent or assessment payable