Veeraswami, C.J.- If the lands of the petitioners are held to be janmam lands and constitute janmam estate as defined in the Gudalur Janmam Estates (Abolition and Conversion into Ryotwari) Act, 1969, the provisions of the Act will apply to the lands, and as janmam lands, they will be an estate within the inclusive definition of the term in Article 31-A (2) and the Act will also receive the protection of Article 31-A (1) of the Constitution. But, if, on the other hand, as alleged by the petitioners what were janmam lands became in course of time ryotwari lands, the said Act (to be referred to hereafter as Janmam Estates Abolition Act) will have no application to them. As the petitions raise a common question, we shall refer to the facts in W.P. No. 117 of 1970, since they are typical of those in the others. The petitioner in that case is O’Valley Estates Ltd., which is a company engaged in plantation industry and is cultivating and manufacturing tea and other plantations products in O’Valley Village of Gudalur Taluk, Nilgiris District. It is having an estate of an extent of 20,000 acres or thereabouts which had in about the 19th century been taken on lease from Nilambur Kovilagam, who were the owners thereof. The Wynaads comprised the taluk of Gudalur in the Nilgiris District and the taluk of Wynaad in the Malabar District. The whole area was originally included in Malabar District but the portion comprised in Gudalur Taluk was transferred to the Nilgiris District in the year 1877. Gudalur Taluk contains 12 desams. It is not in controversy that originally land owners in Malabar were janmis and considered to be absolute propa proprietors of the lands. Settlement was introduced in the Gudalur Taluk between 1886 and 1889 and resurvey and re-settlement, in or about 1928. The lands in the taluk have been classified as ryotwari or as inam as the case may be in the resurvey and resettlement registers. So far there is no dispute, but the parties differ as to the effect of the settlement and re-settlment upon the tenure of the land. The petitioners assert that as a result of them, the lands ceased to be janmam lands and are now governed by the ryotwari tenure. The State denies that that is the effect, and contends that notwithstanding the settlement and re-settlement, the lands continue to have the character of janmam lands and that they have not actually been held under ryotwari pattas with reference to the rate of assessment, classification of soils, etc. It is pointed out that a sizable extent of janmam land is assessed at the rate of Rs. 0.0.6 per acre as against the ordinary taram rate of Rs. 2 for such lands. For example, for survey No. 33/1-A of Gudalur village, the petitioner in W.P. No. 64 of 1970 pays, an assessment at the rate of Rs. 0.0.6 for 944 acres which is equal to Rs. 29-8-0-while the rate for survey Nos. 33/1-B and 33/AC is Rs. 2 per acre. Similarly for survey No. 46/1 the petitioner in W.P. No. 117 of 1970 in O’Valley village pays an assessment of Rs. 437 at Rs. 0.0.6 for an extent of 13,985 acres. It is further stated that only for administrative purposes the lands have been grouped under different classifications such as ryotwari tenure, inam tenure etc. The State would say that mere existence of old survey, settlement and re-settlement registers cannot be the basis to conclude that those areas have been converted into ryotwari, based on the principles applicable to the ryotwari system and that even in the settlement and resettlement registers relating to Gudalur taluk, there is no reference to soil classification, irrigataion sources, determination of money rates to be applied to different classes and sorts of soils in the various groups of villages which form part and parcel of the requirements to effect ryotwari settlement. So the crux of the matter is to find whether jenmam lands, as they were originally have lost their character as such and have become ryotwari lands as the result of the settlement and resettl

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