The proceedings taken under the Minor Inams Act are only incidental and in a summary manner merely for the purpose of passing the orders granting or refusing to grant patta. There is no provision for deciding any dispute between two persons claiming rival kudiwaramdars and so any order deciding the said rival claim cannot be considered as a final one and as the same has been passed within the jurisdiction of the authorities.

1. The defendant who succeeded before the trial court and suffered decree before the lower appellate court has filed the above second appeal.

2. The respondents 1 and 2 plaintiffs claiming that they are having Kudiwaram rights in the suit properties, which are their minor inam lands, filed the suit for declaration and for recovery of possession and for mesne profits, in O.S. No.961 of 1980, on the file of the learned Sub-Judge, Tiruchirapalli. The said suit was resisted by the appellant/defendant stating that the plaintiffs are not entitled to the relief sought for as the same has already been decided by the statutory authorities, which has become final. The Trial Court found that the plaintiffs were having Kudiwaram rights and they were in possession of the suit properties through their lessees and entitled to get kudiwaram rights in the suit lands. But, in view of the orders passed by the statutory authorities under Exs.A-30 and B-1, the Trial Court held that the plaintiffs are not entitled for the relief sought for. Aggrieved against the same, the plaintiffs filed appeal in A.S. No.151 of 1983 on the file of the learned I Additional District Judge, Tiruchirapalli. In the said appeal, the lower appellate court found that the civil court has got jurisdiction to entertain the suit and the plaintiffs would become owners of the lands in question in view of the abolition of melwaram rights as per the Tamil Nadu Act 30 of 1963 and so they are entitled for the declaration as prayed for, on the basis of the finding that the defendant trespassed into the suit land after issue of patta to him in 1971. The lower appellate found that the plaintiffs are entitled for recovery of possession and also for mesne profits. Aggrieved against the same, the defendant has filed the present second appeal.

3. To appreciate the rival submissions made by the counsel on both sides, it is necessary to refer to certain provisions under the Act 30 of 1968 and the proceedings taken before the statutory authorities under the provisions of the said Act, with respect to the properties in question.

4. Inams were granted by sovereigns for religious and charitable purposes. Inam in some cases comprised of right to collect the assessment in a particular village, and the same is termed as an Inam Estate. In some cases it comprised of land free of assessment which is called Iruvarm Inam Lands. Inam which comprised of Iruvaram lands, which do not fall in the category of Inam Estates are called Minor Inams. Such minor Inams were alienated indiscriminately by the Inamdars and the purpose of the grant was not achieved. There were difficulties in resuming the Inam by the Government on account of long possession by the alienees and the rights following from such long possession. Hence the Legislature thought fit to recognise the possessory right acquired and to impose a ryotwari assessment on such lands. Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act 30 of 1963 was enacted not only for the purpose of abolishing the Inam tenure and to convert the same into ryotwari tenure. The result is the assessment is levied on the lands and the right vested in the person in possession is recognised. The rights of a ryot who is in enjoyment of a minor Inam land, who is lawfully entitled to the Kudiwaram right and who satisfied the conditions laid down under the Act, are recognised and a ryotwari patta is given to him under the provisions of the said Act.

5. Section 8(1) of the said Act deals with the grant of ryotwari patta which reads as follows:-

"Grant of ryotwari pattas:- (1) Subject to the provisions of sub-section (2), every person who is lawfully entitled to the Kudiwaram in an inam land immediately before the appointed day whether such person is an inamdar or not shall, with effect on and from the appointed day, be entitled to ryotwari patta in respect of that land". From the abovesaid provision, a person who is entitled to get kudiwaram in t