AYLING
The Taluk Board Dindigul, Through – Appellant
Versus
Venkatarama Aiyar Died T. E. And – Respondent
Key Points: - The court held that the grant of land (S. No. 261.2 F-4) for a girls school is legal, and the alleged customary rights of villagers in the waste were not established. (!) - It was not disputable that Nattam poramboke may be granted for building purposes, but villagers claimed rights incompatible with such a grant; the court examined whether such rights existed by custom or long enjoyment. (!) - The judgment discusses that customary rights or long-continued use must be reasonable, certain as to extent, and openly enjoyed; the evidence here was insufficient to establish a customary right or easement under the Easements Act. (!) (!) - The court found no fixed period or clear evidence to support a customary right arising from long enjoyment or grant, distinguishing between customary rights and customary easements. (!) (!) - Ex. A, an endorsement regarding keeping the land as threshing floor for public use, was not considered sufficient evidence of Government recognition or a fresh grant of rights to the villagers. (!) (!) - The final decision: the suit was dismissed; the District Munsif’s decree was restored, costs awarded. (!) - The lower appellate Court’s finding of a customary right was not sustained; the appellants succeeded in showing lack of established customary rights. (!) (!)
Ayling, J.
1. This appeal relates to a plot of land, 14 cents in extent, forming part of S. No. 261.2 F-4 in Solaikurichi village, Madura Taluq which measures 19-28 acres and is registered as Nattam (building site) poromboke. Most of the S. No. has already been built over, but 2.92 acres are still vacant and of this Government has granted the suit plot to the Dindigul Taluq Board (1st defendant) to build a girls school upon. The plaintiffs are villagers, who claim that they have a right to use the whole of the vacant land (including the suit site) for various agricultural purposes and plead that the grant to the Taluk Board is consequently illegal.
2. The sole question is as to the legality of the grant and on this the two lower Courts have come to opposite conclusions, the Subordinate Judge in first appeal deciding in favour of Plaintiffs.
3. It is not disputed that Nattam poramboke may properly be granted for the purpose specified; but plaintiffs claim a right vested in the villagers whom they represent incompatible with such a grant.
4. They say in para 5 of the plaint "from time immemorial this kalam poramboke has been in the undisturbed enjoyment of the ryots of the said v
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