Delivery of possession pending suit would be only subject to result in the suit/appeal.

1. This appeal is filed by the State of Andhra Pradesh challenging the judgment and decree dated 7.8.1994 in O.S.No.52 of 1985 of the Subordinate Judge, Srikalahasti in Chittoor District. The subject matter of this appeal is an extent of about 1500 acres of land known as Kothacheruvu Kandriga (Kandriga, is a beneficial grant by a Ruler of a large block of land which is less than a village but much larger than an ordinary inam (per Sounder Raja Ayyangar “Land Tenures in the Madras Presidency” p. 203).) (for brevity, ‘KCK’) near Gudimallam village in the district of Chittoor. It earlier formed part of the Zamindari of Srikalahasti. The said Zamindari formed part of the erstwhile Madras Presidency and was controlled by the Nawabs of Arcot.

THE GRANT OF KCK IN 1786 A.D AND IT’S GIFT TO DEITIES OF PERUMBUDUR TEMPLE IN 1863 A.D

2. In 1786 A.D., KCK was granted by the then Zamindar (The word ‘Zamindar’ literally means a land holder and in the eye of the government he was no more than an officer or collector of revenue without any lordship over, or proprietary right to, the lands under his charge. He was accountable to the government for the amount he collected and he was allowed to retain a portion of it (about 10%) and also to hold certain allotments of lands revenue free (per Sounder Raja Ayyangar p.107 to 108).) of Srikalahasti to Sri Ramanuja Kootam Koil Veeraraghavaswami and his brother Ayyappa as a personal grant without burden of payment of jodi or rendering of any service.

3. The grantees in turn gifted KCK to Adikesava Perumal and Bhashikarla Swami Devasthanam, Sriperumbudur under a registered gift deed dated 04-03-1863.

THE PERMANENT SETTLEMENT REGULATION XXV OF 1802

4. The Marquis of Cornwallis, the then Governor General of India initiated what came to be known as “permanent settlement”. The said term meant settlement in perpetuity of the government demand with the intermediate class of persons such as Zamindars. In 1799, positive orders were sent from England that Lord Cornwallis’ scheme was to be adopted throughout the Madras Presidency. Lord Wellesley, who succeeded him as Governor General directed the commencement of operations on the lands of the East Coast of India. Regulation XXV of 1802 was passed for carrying out the purposes of the permanent settlement. It conferred proprietary right in the soil on the Zamindars. (per Sounder Raja Ayyangar p.116 to 119) The effect of the permanent settlement was to convert the precarious tenure previously held by Zamindars into a permanent one to give them a right to hold their estates forever on a fixed peishkush payable to the British Government with heritability and transferability. By virtue of the grant by the Government in favour of the Zamindar under the permanent settlement, the latter got a prima facie title to all lands lying within the geographical limits of their Zamindaris. “Peishkush” is the assessment fixed at the time of the permanent settlement payable by the Zamindar to the government. On the fixing of such assessment, the Zamindar was granted a sanad-i-milkiyat-i-istimrar or deed of permanent property in which the conditions and articles of the tenure are entered, and he is required to execute a corresponding kabuliat. Any dispute regarding assessment is regulated by the Sanad and the kabuliat. (per Sounder Raja Ayyangar p.120 to 125). The assets or income of the Zamindari were taken into account for the purpose of arriving at the assessment payable to the Government i.e. peshkush. The policy of the East India Company at the time was to take away from Zamindars, the rights which according to modern western notions could only be exercised by the Sovereign power and to leave them only such rights as could be exercised by a private proprietor. Therefore on establishment of permanent settlement, it was made a fundamental condition that Zamindars should no longer be suffered to keep a military force and that preservation of general order and public tranqu