Judgement

MOHAPATRA, J :- These are petitions under Art. 226 of the Constitution of India in the following circumstances: The present petitioners in O.J.C. 144/54 are in possession and enjoyment, as absolute owners, of about 60 acres of inam lands in the village of Rajavallipalli, Purushottampur Taluk in the district of Ganjam. The petitioners in O.J.C. 317/54 are in possession of 160 acres of Inam lands of the same village. They claim that the lands in suit along with other lands were the subject-matter of grants during the Mahomedan period in the year 1743 A.D.

The grants consisted of areas from three different adjoining villages of Damodarpalli, Sahapur and Bhatakumurada. As the lands granted were situate at one place they constituted the separate village of Rajavallipalli long after 1743 but before the Permanent Settlement. During the enquiry by the Inam Commissioner in the year 1862 the said grants of the year 1743 were confirmed and Inam Title Deed No. 5794 was issued. The confirmation was indeed subject to the payment of Rs. 102/- as quite rent.

The petitioners aver that even though at the time of the Permanent Settlement the village was entered in the revenue accounts as Rajav