P.T.RAMAN NAYAR, K.K.MATHEW, V.P.GOPALAN NAMBIYAR, T.S.KRISHNAMOORTHY IYER, P.UNNIKRISHNA KURUP
REV. FR. VICTOR FERNANDEZ – Appellant
Versus
ALBERT FERNANDEZ – Respondent
(For himself and on behalf of Gopalan Nambiyar, Krishnamoorthy Iyer and Unnikrishna Kurup JJ.
1. The question put to us by the bench of three judges that was hearing this appeal was whether pandarapattam lands (otherwise known as pandara-vakapattam or sirkarpattam lands) of the Travancore area not falling within clause (iii) of the inclusive limb of the definition of, "estate" in Art.31A(2) (a) of the Constitution, were estates within the meaning of the definition -- with regard to lands that fall within the clause, there could, of course, be no doubt, and that must have been why the question was so framed. On the 17th November 1970, we answered this question in the affirmative. We did not then give our reasons. We do so now.
2. The definition reads thus:
31A(2) In this article,
(a) The expression Jestate" shall, in relation to any local area, have the same meaning as that expression or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include
(i) any jagir, inam or muafi or other similar grant and in the States of Tamil Nadu and Kerala, any Janmam right; (ii) any land held under ryotwari settlement;
(iii) any land he
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