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1958 Supreme(Mad) 170

RAJAGOPALAN, RAMACHANDRA.IYER, GANAPATIA PILLAI
Sri Varadarajaswamivari Temple, represented by its Managing Trustee, A. S. Govindacharyulu – Appellant
Versus
Sri Krishnappa Govinda – Respondent


Advocates:
V. Vedantachari and T. Rangaswami Ayyangar, for Appellant.
M.S. Venkatarama Ayyar for T.V. Balakrishnan, for Respondent No. 1
The Advocate-General (V.K. Thiruvenkatachari) and the Special Government Pleader (K. Veeraswami), for Respondents Nos. 2 and 3.

Rajamannar, C.J. - I think it is better that this case goes before a Full Bench for an authoritive decision on the question of burden of proof.

Several petitions are being filed under Article 226 of the Constitution for the issue of writs of certiorari to quash the orders of the Estates Abolition Tribunals in appeal against the orders of Settlement Officers declaring particular inams to be, or not to be, inam estates under the Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948. In several of these cases, the original grants are not forthcoming and one is practically left with the entries in the Inam Fair Register. It is frequently in controversy whether an inam is a grant of a whole village comprised in the category mentioned in section 3, clause (2) (d) of the Madras Estates Land Act, read with Explanation (1). In most of the cases we find from the entries in the Inam Fair Register that there are minor inams within the ambit of the village and there are inam title deeds separately covering the major grant and the minor grants. Almost invariably there is no direct evidence of the date of the grant of the minor inams and often even the date of the major grant is not kn












































































































































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