Judicial Analysis Court Copy Headnote Facts Arguments Court observation

IN THE HIGH COURT OF ANDHRA PRADESH
C. KONDAIAH, RAMACHANDRA RAO, PUNNAYYA, P.A. CHOUDARY, P. RAMACHANDRA RAJU, JJ.
Nellore Bujjamma and Another – Appellants
Versus
The Tashildar, Rapur and Another – Respondents
W.P. Nos. 1269, 2788 of 1976, 2612 of 1977, 125, 1358, 1426, 3410, 5277, 5541, 5546, 5778 of 1978, W.A. No. 37 of 1978
Decided On : 14-08-1979

Advocates:
Advocate Appeared:
For the Appellants : O. Adinarayana Reddy, M. Krishnamohan Rao, K.V. Subrahmanya Narsu, M. Bhujanga Rao, P. Babul Reddy, M.R.K. Choudary, M.V. Ramana Reddy, P. Kodandararamayya, M.B. Rama Sarma.
For the Respondents: S. Ramachandra Rao, N. Subbreddy.

The abolition of the inam tenure of the inam land would take place simultaneously or contemporaneously with the conversion of the inam lands into ryotwari tenure.

Headnote:
ANDHRA PRADESH (ANDHRA AREA) INAMS (ABOLITION AND CONVERSION INTO RYOTWARI) ACT, 1956 - INAM LANDS - ABOLITION AND CONVERSION INTO RYOTWARI TENURE - DATE OF - WHETHER ON THE DATE OF COMMENCEMENT OF THE ACT OR ON THE DATE OF GRANT OF RYOTWARI PATTA - HELD, ON THE DATE OF GRANT OF RYOTWARI PATTA.
Fact of the Case:

The question arose as to on what date the inams were abolished and converted into ryotwari tenure under the provisions of the Act. The Full Bench of the High Court held that the Act abolishes the inams and converts them into ryotwari tenures on the date when the Act came into force i.e. on 14-12-1956. A Division Bench of the High Court held that the conversion of the inam tenure into ryotwari takes place only on the grant of a ryotwari patta and not from the date of commencement of the Act. The same question again arose for consideration before a Full Bench comprising of Narasimham, J. (as he then was) and Vaidya and Parthasarathi, JJ. held in Y. Veeramma v. R. Surudhamma (supra), that the Act does not effect the effacement of the inam renure from the date of the passing of the Act, but merely enable the conversion of a tenure under the procedure prescribed under the Act, and that the conversion of the inam, tenure into ryotwari tenure will take effect from the date of the grand of the ryotwari patta.
Finding of the Court:

The inam tenure of inam lands stood abolished and got converted into ryotwari tenure on the date of coming into force of the Inams Abolition Act or on the date of ryotwari patta? Held, on the date of coming into force of the Inams Abolition Act.
Issues: Whether the inam tenure of inam lands stood abolished and got converted into ryotwari tenure on the date of coming into force of the Inams Abolition Act or on the date of ryotwari patta?
Ratio Decidendi: The object of the Act is to abolish and convert inam tenures into ryotwari tenures. There is no specific provision in the Act expressly stating that the abolition and conversion of the inam land into ryotwari tenure will take place on the date of commencement of the Act or on any other date. The Act came into force on 14-12-1956, but the question still arise for consideration as to whether the inam land stood abolished and got converted into ryotwari tenure on the date of commencement of the Act or on a later date. The inam tenure is a grant of land, free of assessment or at low quit-rent of Jody or other amount of like nature. It is this benefit of holding the land either rent-free or at low quit-rent or jody or other amount of like nature that is taken away by conversion of the inam tenure into ryotwari tenure and full assessment under the ryotwari system is levied. The right to get a patta cannot be equated to the grant of a patta. The person or institution declared entitled to the ryotwari patta u/s 4 of the Act has to work out his rights in accordance with the procedure laid down by the Act and obtain a ryotwari patta. The inam land will not stand abolished and get converted into ryotwari tenure on the date of the commencement of the Act. The inam tenure continues till the grant of a ryotwari patta. The conversion of the inam tenure into ryotwari tenure took place only on the date of grant of the patta.
Final Decision: The decision of the Full Bench in Veeramma v. Surudamma suprs, is correct and does not requires any reconsideration.

JUDGMENT :

RAMACHANDRA RAO, J.

1. A Full Bench of three Judges consisting of Alladi Kuppuswami, Lakshmaiah and P.A. Choudary, JJ. has by order dated 27-4-1979 referred to a larger Full Bench consisting of five Judges for deciding the following question:-

AIR 1972 AP 161

2. The relevant facts which have given rise to this reference are as follows:

“With a view to abolish all zamindaries and estates as defined in the Madras Estates Land Act No. 1 of 1908, the Madras Estates (New Andhra Pradesh (Andhra Area) (Abolition and Conversion into Ryotwari) Act No. XXVI of 1948 was enacted. The definition of ‘estate’ in the said Act as amended from time to time applies to whole inam villages and to marginal inams of hamlets and khandrigas in inam villages. Other inams in inam villages, and in ryotwari and zamindari villages are not covered by the said legislation, and the Government decided to undertake separate legislation with a view to converting them into ryotwari renure. In order to implement the said policy, the Andhra Pradesh Inams (Abolition and Conversion into Ryotwari) Act No. XXXVII of 1956 (hereinafter called ‘the Act’) was enacted providing for conversion of all inam lands under the Estates Abolition Act) into ryotwari tenure.”

3. The main scheme or object of the Act is to convert inam lands, known as minor inams, situated in zamindari or ryotwari or inam villages into ryotwari tenure and confer ryotwari pattas on the inamdars and/or the tenants as provided in the Act. In respect of inam land in Zamindari or ryotwari villages, the inamdar is entitled to get a ryotwari patta for the said inam land. In the case of the Inam lands in inam villages, if the inam lands were held by inamdars other than religious, charitable and educational institutions, the tenant in occupation on 7-1-1948 of in the absence of such a tenant, the tenant in occupation of the Act will be entitled to ryotwari patta in respect of 2/3rd of the land in his occupation and the inamdar is entitled to ryotwari patta in respect of the remaining 1/3rd. In the case of the inams. lands held by religious, charitable and educational institutions which are in inam villages, the institutions concerned are entitled to get a ryotwari patta but the tenants in occupation are conferred rights of occupancy in the said land and are made transferable and heritable. Various other provisions have been made of the Act with regard to holding of an enquiry for determining the nature of the land and the person or institution holding the said land and for determination of the person who are entitled to grant of ryotwari pattas. Detailed reference will be made to the entitled to grant of the ryotwari pattas. Detailed reference will be made to the relevant provisions of the Act hereafter while dealing with the rival contentions of the learned counsel for the parties.

4. In Appanna vs. Mulayya, (1968) 1 AWR 72, the question arose as to on what date the inams were abolished and converted into ryotwari tenure under the provisions of the Act. Gopalarao Ekbote, J. (as he then was) took the view that the Act abolishes the inams and converts them into ryotwari tenures on the date when the Act came into force i.e. on 14-12-1956. This decision was carried in appeal under clause 15 of the letters patent and a Division Bench of this Court consisting of Krishna Rao and Parthasarathi, JJ. held in Appanna vs. Mulayya that the conversion of the inam tenure into ryotwari takes place only on the grant of a ryotwari patta and not from the date of commencement of the Act. The

Click Here to Read the rest of this document