Decree against holder of impartible estate how far binding.

These three appeals were preferred under section 51 of the Madras Estates (Abolition and Conversion into Ryotwari) Act (Madras Act XXVI of 1948) to the Special Tribunal against the decision of the Estates Abolition Tribunal, Mathurai, in O.P.Nos.63 and 64 of 1952. S.T.A. No.10 of 1953 is by the Executive Officer of Sri Navaneethakrishnaswami Devasthanam, Veerakeralampudur, against the decision in O.P.No.64 of 1952. S.T.A.No.11 of 1953 is by the zamindar and his two sons against the decision of the Tribunal in O.P.No.64 of 1952 relating to Uthumalai estate. S.T.A.No.12 of 1953 is also by the same persons against the decision in O.P. No. 63 of 1952 and pertains to Surandai estate.

All these appeals relate to claims preferred by various persons to the compensation deposited by the Government after the estates of Uthumalai and Surandai were taken over after the notification, dated 3rd January, 1951, under the Madras Estates (Abolition and Conversion into Ryotwari) Act, hereinafter called the Act. The Tribunal declared that the first petitioner in O.P.Nos.63 and 64 of 1952 was entitled to a sum of Rs.1,33,250-5-7 out of the deposit to the credit of Uthumalai and Surandai estates, and petitioners 2 to 5 were similarly entitled to a sum of Rs.2,05,572-0-6. A sum of Rs.86,941-13-0 was directed to be kept in deposit pending decision in O.P.No.129 of 1952 in respect of the claim by the Union Government for the payment of income-tax. From out of the balance after keeping the said amount in deposit a sum of Rs.1,556-0-4 was directed to be paid to the employees by the consent of all parties. There was available from and out of the deposit a sum of Rs.75,662-3-4 and the first petitioner was directed to be paid out this amount. The other petitioners Nos.2 to 5 did not get anything as the entire amount was directed to be paid to the first petitioner in O.P.No.64 of 1952. In O.P.No.63 of 1952 a sum of Rs.14,034-0-0 was directed to be paid to the first petitioner and as no more money was available no order for payment of any amount to petitioners 2 to 5 was directed. The petitioners and the respondents in O.P.Nos.63 and 64 of 1952 are the same. O.P. No. 64 of 1952 related to Uthumalai estate and O.P.No.63 of 1952 related to Surandai estate, and both form part of the impartible estate of Uthumalai and was included in the schedule to the Madras Impartible Estates Act II of 1904.

The estates of Uthumalai and Surandai were notified on 3rd January, 1951, under the Act. For Uthumalai and Surandai zamins respectively were deposited in the office of the Tribunal Rs.1,64,160 and Rs.14,054. In respect of this compensation deposited with the Tribunal there were several claims. The landholder himself filed O.P.No.209 of 1951 and there were claims by maintenance-holders and also by persons claiming to be creditors of the zamindar. Income-tax was payable to the Union of India and they filed O.P.No. 129 of 1951. The Executive Officer of Sri Navaneethakrishnaswami Deity, Veerakeralampudur, filed O.P.No.125 of 1951. There were other petitions also by other people details of which are set out in the judgment of the Tribunal but they are not very material. The two petitions which were taken up for trial, and in which the maintenance-holders and creditors were allowed to contest the claim by filing counter-affidavits were O.P.Nos.63 and 64 of 1952. They were made eo nomine parties and were allowed to contest the petitions.

O.P.Nos.63 and 64 of 1952 were filed under section 42 of the Act. In O.P.No. 64 of 1952 the prayer of the petitioners was that a sum of Rs.1,33,250-5-7 out of the compensation amount should be paid to the first petitioner and a sum of Rs.30,909-9-10 to petitioners 2 to 5 from and out of the compensation amount deposited with the Tribunal in respect of Uthumalai estate. In O.P.No.63 of 1952 the same petitioners prayed that a sum of Rs.14,034 should be paid to the petitioners 2 to 5 from the compensation amount deposited with the Tribunal. T