JUDGMENT :

G. JAYACHANDRAN, J.

Prayer: Special Tribunal Appeal filed under Section 30 of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 read with Rule 28 of the Rules, against the judgment and decree, dated 30.11.1990, made in C.M.A.No. 16 of 1981, on the file of the S.T.A.Nos.20 to 24 of 2001, 1 to 8 and 10 to 19 of 2002 Minor Inam Abolition Tribunal (Principal Sub-Judge), Tiruchirappalli, reversing the order of the Settlement Tahsildar III (SE), Tiruchirappalli, dated 29.08.1969.

1. These batch of Special Tribunal Appeals are directed against the order passed by the Inam Estate Abolition Tribunal at Trichy. The facts and law involved in all these appeals are similar and in fact arising out of a common order passed by the Tribunal. Hence, these batch of Special Tribunal Appeals filed under Section 30 of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, (herein to be referred as “the Act”) are taken up together for consideration and the following common judgment is passed.

2. The subject matter of the suit is in respect of the land covered under Inam Title Deed No. 1027, granted as Devadayam for the support of the Pagoda of Sri Renganathasami at Srirangam. The land is situated in Vellithirumutham Village at Tiruchirappalli Taluk, which is now known as 'Srirangam'. The minor Inam granted to the Pagoda of Sri Renganathasami, Srirangam, in T.D.No. 1027 brought under the purview of Act 30 of 1963 by the State and the same was notified under Section 1(4) of the Act.

3. The Assistant Settlement Officer in exercise of power conferred under the Act took suo motu action and caused notice to the parties concerned and took up enquiry for issuance of Patta, on the premise that on the date of enforcement of the Act i.e., 15.02.1965, the inam tenure in respect of these lands stood abolished and the lands got vest with the Government, free from all encumbrances as mentioned in Section 3(b) of the Act 30 of 1963. The land admeasuring a total extent of about 390 Acres was classified under three different heads in the Schedule to the notice. viz., Part - I land with building; Part - II vacant land; and Part - III land already vested with the Government and used for public utility as lane, ground etc.,

4. In the suo motu enquiry proceedings, one T.K.Srinivasa Raghava Iyer of Srirangam, owner of the house, situated in T.S.No. 1098/1, found in Serial No. 7 in Part - I of the Schedule, objected the proceedings on the ground that he has perfected his title by adverse possession, so, neither the Devasthanam nor the Government can claim right over the property. According to him, the house sites are to be treated as Natham Poramboke as mentioned under Section 10 of the Act 30 of 1963. However, the Settlement Tahsildar rejected the request of T.K.Srinivasa Raghava Iyer to treat his land as Government Natham Poramboke and to give exemption under Section 10 of the Act.

5. Sri Renganathasami Devasthanam filed a written statement contending that there is a presumption under Section 44 of the Act in favour of the Temple. The grant to the Temple consists of both Melwaram and Kudiwaram. The nature of the land at the time of grant alone to be taken into consideration for granting Patta and subsequent constructions, if any, the same should be ignored. When the grant was made to the Temple, there was no construction or residential building within 7 Prakarams of the Temple. The constructions are all of recent origin put up by the service holders and servants of the Devasthanam for their convenience to perform the service without any hindrance. The persons, who have put up constructions, have no other interest on the land and their occupation on payment of Pagudi will no way alter or affect the pre-existing right of the Temple before the advent of Act 30 of 1963. The relationship of the Devasthanam and occupier of land is landlord and tenant. The Devasthanam as an Inamdar of Iruwaram Minor Inam retains the Kudiwa