Exchange of pre-settlement inams for post.

These Civil Revision Petitions arise out of the judgment of the learned District Judge of Visakhapatnam in a batch of Civil Miscellaneous Appeals confirming the two judgments of the District Munsif of Chodavaram made in two batches of suits. The first batch of eleven suits was filed by seven sets of inamdars against different sets of defendants for ejectment and recovery of arrears of rent in respect of certain lands in Kirla village. The other batch consisting of twenty-three suits was filed by other inamdars against the defendants therein for ejectment and recovery of rent in regard to some lands in Alamanda village. Among other contentions, the defendants in both the batches of suits pleaded that the said two villages were estates within the meaning of section 3(2)(e) of the Madras Estates Land Act (I of 1908)(hereafter called the Act), and that in any view, they being parts of a permanently settled zamindari, the plaintiffs were landholders within the meaning of the Act. On those pleas they contended that the civil Court had no jurisdiction to entertain the suits. The District Munsif, and on appeal the District Judge, accepted their contentions and returned the plaints for presentation to the proper Court. Hence the above revision petitions.

The facts admitted or found may be briefly stated. The lands in question formed parts of 316 acres comprised in title deed No.1178 of Kirla village and title deed No.1351 of Alameda village. Kakarlapudi Appalaraju, the predecessor-in-interest of the plaintiffs in both the batches of suits, owned a pre-settlement inam of approximately twenty-eight acres in the village of Alamanda granted to him by the Raja of Vizianagaram. In 1808, the then Raja of Vizianagaram granted the whole inam villages of Alamanda, Kirla and Sirikipalem on mokhasa tenure to the plaintiffs’ predecessor-in-interest In December, 1813, the Raja took away the pre-settlement inam and granted to the inamdar an extent of 316 acres in exchange. Out of the said extent 286 acres were situated in Alamanda village and 30 acres in Kirla village. One of the questions of fact raised was whether these 316 acres of land were part of the mokhasa villages granted in 1808. Both; the Courts found that they were carved only out of the villages already granted in inam. The prevailing impression then was that the Raja could resume the lands at his pleasure. Indeed whenever a Raja died and a successor stepped in,, the inams were resumed and restored to the inamdars. This was effected by a kind of attachment. At the time of the inam settlement, in spite of the strong opposition offered by the Zamindar, the said extent of 316 acres was treated as a. pre-settlement inam and was confirmed to the inamdars on a quit-rent of Rs.127. Since that time, the inamdars were paying the said quit-rent to Government and also a kattubadi of Rs.300 to the Zamindar. It does not appear that there was any reduction in the kattubadi payable to the Zamindar in view of the fact that the said extent of 316 acres was treated as pre-settlement. Presumably no such deduction was made and the entire kattubadi was being paid to the Zamindar.

On these facts the Courts below held that the grant of the year 1808 was that of whole inam villages which were therefore estates within the meaning of section. 3 (2)(d) of the Act. They found that the enfranchisement proceedings and issue of title-deeds by the Inam Commissioner in respect of the said extent of 316 acres would not change the character of the said extent. As they formed part of the estate, the learned Judges held that notwithstanding the issue of title deeds by the Inam Commissioner, they continued to be part of the estate. They further held that the said extent being a part of a permanently settled zamindari, the plaintiffs, would be landholders within the meaning of the Act. In the result they came to. the conclusion that the Civil Court had no jurisdiction to entertain the suits.

Learned counsel for the