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1997 Supreme(Mad) 1384

K.NATARAJAN, J.KANAKARAJ
W. T. Jothimani – Appellant
Versus
Minor Khoday Prakash Sah represented by Mother/Guardian, Gangabai Animal – Respondent


Advocates Appeared:
For the Appellant:T. V. Ramanujam, Senior Counsel for T. V. Krishnama-chari, Advocate.
For the Respondent:S.D.N. Vimalanathan, Advocate, R. Arumugham, Government Advocate.

Judgment :-

J. KANAKARAJ, J.:

1. This Special Tribunal Appeal has had a chequered career. The appeal also illustrates the different between the proceedings under the Inam Abolition Act and proceedings before the civil court. We will first set out the facts before we refer to the question of law relating to the precedence to be given to the judgment of civil court over the judgment of the Revenue court, according to the circumstances of the case.

2. Town Survey Nos. 1756, 1757, 1758 and 1760 in ward No.2, Kancheepuram Town originally comprised in T.D. No. 1152 were inam lands. The inam character of the lands stood abolished with effect from 15.2.1965, by virtue of the Tamil Nadu Minor Inams Abolition Act XXX of 1963 (hereinafter referred to as the “Act”). The settlement Tahsildar took up suo motu enquiry in his proceedings S.R.2880/ A.C.T./K.P.M., dated 13.6.1968 granted ground rent patta under Sec. 13(1) of the said Act 30 of 1963 in favour of several persons. In respect of T.S.No. 1758/ 2 with which we are concerned, he gave patta in favour of the Kancheepuram Co-operative Society, Kancheepuram. As against this grant of patta to the society in respect of T.S.No. 1758/2, only the app























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