IN THE HIGH COURT OF MADRAS
Ramesam, Offg., C.J. and Venkatasubba Rao, J.
Prativadi Bhayankaram Thiruvenkatacharyulu and Ors.
Versus
Secretary Of State
Decided On : 28.08.1933
INAM - RESUMPTION - UNLOCALISED INAM - ASSESSMENT - LIMITATION - CIVIL COURTS JURISDICTION - REVENUE RECOVERY ACT (MADRAS ACT II OF 1864), SEC. 59 - LIMITATION ACT (IX OF 1908), ARTS. 14, 120.
Fact of the Case:
The suit inams of 40 acres 90 cents were omitted from enfranchisement in 1860. In 1911, the fact that these inams were omitted from enfranchisement was first brought out by the Revenue Officers and after some correspondence in which it appears that the Collector and the Board of Revenue recommended that the agraharamdars may be dealt with leniently, the Government passed a final order on October 23, 1921, directing the resumption of the inam and the levy of the full assessment from the agraharamdars who are admittedly in possession of the lands. The plaintiffs filed the present suit on March 23, 1925, for a declaration that the proceedings of the Government are ultra vires and illegal and for recovering the amount of Rs. 66-7-0 paid by plaintiff No. 2.
Finding of the Court:
The suit inams of 40 acres 90 cents was not covered by Ex. V-A or title deed No. 1154. The claim to impose Rs. 97-2-0 on the inam land of 40 acres 90 cents is valid. The proceedings imposing the new quit lent on the whole agraharam to demand and to order distraint for the purpose of realizing it without having previously taken steps for localizing the inam, are illegal and ultra vires. The suit for refund of the amount paid by plaintiff No. 2 is undoubtedly barred by Article 16, Limitation Act. The prayer for declaration and injunction is not barred by limitation. The act of resumption is ultra vires. The order in the present case was made no such steps as indicated above were taken, and I must therefore hold that the act of resumption is ultra vires.
Issues: None
Ratio Decidendi: The suit inams of 40 acres 90 cents was not covered by Ex. V-A or title deed No. 1154. The claim to impose Rs. 97-2-0 on the inam land of 40 acres 90 cents is valid. The proceedings imposing the new quit lent on the whole agraharam to demand and to order distraint for the purpose of realizing it without having previously taken steps for localizing the inam, are illegal and ultra vires. The suit for refund of the amount paid by plaintiff No. 2 is undoubtedly barred by Article 16, Limitation Act. The prayer for declaration and injunction is not barred by limitation. The act of resumption is ultra vires. The order in the present case was made no such steps as indicated above were taken, and I must therefore hold that the act of resumption is ultra vires.
Final Decision: The plaintiffs will have a declaration that the Government will not be entitled to recover the new assessment of Rs. 97-5-0 claimed by its proceedings dated October 25, 1921, until they take proper steps to have the land localised and there will also be an injunction restraining them from recovering such amount by proceedings against any of the agraharamdars indiscriminately. But, they will be at liberty to take such proceedings after the separate liabilities of the agraharamdars and the lands subject to the liabilities are determined in appropriate proceedings. Every party will bear their own costs throughout.
Ramesam, Offg., C.J.
1. The facts out of which this second appeal arises may be shortly stated. There used to be an ancient estate known as the Estate of Bellamkonda in Sattempalli Taluk of the present Guntur District, but formerly Kistna District. This estate belonged to the Malraju family. Some time in the 18th century the then holder of the estate, namely, Deshmukh Desh Pandya Malraju Ramarayanim Garu granted an agraharam of the village of Palidevarlapadu to one Prativadi Bhayankaram Vedantacharyulu Garu. The grant was an absolute one but liable to pay kattubadi of Rs. 89-7-10. The Kistna District Manual by Mr. Mackenzie, p. 318, shows that in the year 1818 the then owner of Bellamkonda estate, gave away his estate to Government by his will. His descendants are now in receipt of an allowance from Government.
2. The Government thereby stepped into the zemindars shoes and were in receipt of the kattubadi. At the time of the inam commission in 1860 the village was enfranchised. Exhibit V-A is the inam register for :he whole village. This document shows that the extent of the whole village was 521 acres 37 cents. The porambokes in the village were of the extent of 56 acres 22 cents and there were minor inams of 132 -ores 9J cents. Deducting the porambokes and the minor inams amounting to 189 acres 12 cents, the extent of the rest of the village was 332 acres 25 cents. Details are given in Column 5 of the dry extent 327 acres 15 cents) and the wet extent acres 10 cents). Of the dry 209 acres cents were cultivated and the rest was waste. The wet was all waste. The annual collections from the cultivated dry lands also given for about 15 years, namely, islis 1247 and 1256--1269.
3. The average per annum is shown as Rs. 246 and the permanent assessment is shown as Rs. 270. At the time when the register according to Regulation XXXI of 1802 was prepared, the owner of the village was Vedantacharlu, son of the original grantee. At the time of the survey the enjoyer was Kumara Vedantacharlu, son of the last person. At the time of the enfranchisement the enjoyers were two brothers, Aravamudalwar and Thirumalacharlu, sons of the last preceding person. Column 20 shows that they were divided. Exhibit 1 is the corresponding inam statement. It gives a pedgree and Column 6 says that the agraharam was granted in the Vaisagha Sudda of the year Vijaya which corresponds to May 1773. Under Columns 7, 8 and 9 details are given of the 132 acres 90 cents of minor inams. First, there is the inams granted to the karnam 56 acres 32 cents and then there are the inams to the village purohit 10 acres 23 cents, the Muhathad 10 acres 22 cents, the Vettis 15 acres 33 cents and three private inams granted by the agraharamdars to Kurmalla "Venkatacharyulu, 10 acres 23 cents, Prativati Bhayankaram Appalacharyulu 20 acres 45 cents and Kurmalla Varadacharyulu 10 acres 22 cents.
4. The Inam Deputy Collector recommended the confirmation of the village as an inam adding a quit rent of Rs. 28-8-2. The agraharam was made subject to a total burden of Rs. 116 made up of the new quit-rent and the old jodi and title-deed 1154 was issued. Alongside of this the purohit inam was also enfranchised separately. Exhibit 5 is the inam, register. No. 1153 was the title-deed for this. The karnam, Muhathad and Vetti inams being village services inams were not then enfranchised. The other three personal inams were apparently intended to be enfranchised but the inamdars did not come forward to file inam statements and they were accordingly kept under attachment.
5. This appears from Ex. V-B, the inam register dated November 23, 1865. It is not very clear whether specific lands were kept under attachment or merely a paper of attachment was made. It appears as if no inamdars ever turned up asking for enfranchisement of those inams. They seem to have left the village altogether. In the year 1911 the fact that these inams of the extent of 40 acres 90 cents were omitted from enfranchisemen
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