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1953 Supreme(Mad) 176

VENKATARAMA AYYAR
E. K. Govinda Reddi – Appellant
Versus
E. K. Pattabhi Reddi – Respondent


Advocates:
K. Umamaheswaram, E.R. Krishnan and Alladi Kuppuswami for Petitioner.
The Government Pleader, (P. Satyanarayana Raju), R.V. Raghavan, V.T. Vedantaramanujachari, V.T. Raghavan, A. Seshadri and A. Srinivasan for Respondents.

Order.-

This is an application under Article 226 of the Constitution for the issue of a writ of certiorari to quash the decision of the Estates Abolition Tribunal. Mathurai in R.A.No.369 of 1950. The point for decision is whether the village of Ekkattu Thangal, is an inam estate within the meaning of section 3(2)(d) of the Madras Estates Land Act liable to be notified under the provisions of the Madras Act XXVI of 1948. The property which is the subject-matter of this dispute is a parcel of land of the extent of about 179 acres and 35 cents. That was originally granted by the Nawab of Arcot to one Kasim Ali Baig subject to the condition that it should not be alienated. In 1781 the descendant of the grantee became indebted to one Shamier Sultan and in discharge of the debt, sold the property to him in 1787 and put him in possession. Shamier Sultan then applied to the Government for recognition of his title and on that, as appears from G.O.No.2778 of 1913 marked as Ex.Q in Ex.R-6, the Government resumed the mam and granted a lease in his favour for a period of 99 years on 30th September, 1796. The lease deed contained a prohibition against alienation and there were also other covenant



























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