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1956 Supreme(AP) 203

VISWANATHA SASTRY, KRISHNA RAO
State of Madras (now Andhra) – Appellant
Versus
Srinivasulu – Respondent


Advocates:
The Government Pleader, for the State; C. Kondiah, V. Vedantachari and T. Rangaswami Iyengar, for Respondent.

Judgement

VISWANATHA SASTRY, J. :- This is an appeal against the judgment of Subbarao J. (as he then was) quashing a notification of the Government declaring that Sanjeevarayanipattada is a village to which the Madras Estates Land (Reduction of Rent) Act, 1947, applies. Prior to this notification there were proceedings under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, in which it was held by the Tribunal sitting on appeal from the Settlement Officer that as the grant was not of the whole village, the village was not an inam estatewithin the meaning of S. 2(7) of that Act. The learned Judge held that the decision of the Tribunal holding that the village in question was not a whole inam village was binding on the Government in subsequent proceedings under Madras Estates Land (Reduction of Rent) Act, 1947. The correctness of this view is questioned in this appeal.

2. It is unnecessary to quote the relevant sections of the Acts of 1947 and 1948 which have now become familiar. Under S. 2(7) of Madras Act XXVI of 1948 an "inam estate" is defined as an estate within the meaning of S. 3(2)(d) of the Madras Estates Land Act (I of 1908) but not so as to include an in






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