JUDGMENT

Mrs. SUJATA V. MANOHAR, J.: —Delay in filing special leave petitions out of which Civil Appeals Nos. 111 and 112 of 1984 arise, is condoned.

2. Leave in Special Leave Petition No. 2186 of 1995 is granted.

3. The land which is the subject-matter of dispute in these appeals was originally Minor Inam Land. Minor Inams were extinguished on and from the notified date i.e 15-2-1965 on the coming into force of the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as the said Act). On the abolition of Minor Inams, ryotwari pattas were granted to the persons so entitled under the provisions of the said Act.

4. For the sake of convenience, the facts referred to hereinafter are those in Civil Appeals Nos. 111- 112 of 1984. The facts in other appeals are similar to these facts.

5. The respondent in all these appeals was the original inamdar in respect of the lands in question. The appellant was his tenant. The appellant had constructed a structure on the said land.

6. The respondent filed a suit being O.S. No 4421/70 in the City Civil Court at Madras for recovery of the said land from the appellant on the ground of non-payment of rent and on other grounds. The suit was decreed in favour of the respondent on 31-8-1972. However, during the pendency of the suit, under the said Act, the Assistant Settlement Officer, after hearing objections, granted a joint patta on 29-2-1972 in respect of the said land in the names of the appellant and the respondent. Similar joint pattas have been granted in the other appeals. The order of the Assistant Settlements Officer itself states that the ground rent patta is allowed under Section 13(1) of the said Act for the building to the "persons noted in Column 3", and for the site to the "persons noted in Column 4". The persons noted in Column 3 includes the appellants in all these appeals while the respondent is the person noted in Column 4. In other words, the ground rent patta for the building is given to the appellant who constructed the structure and is the owner of it while the patta for the site is given to the former inamdar, that is to say, the respondent.

7. Against the order of the Assistant Settlement Officer, a revision was preferred before the Commissioner which was dismissed on 23-11-1974.

8. The respondent made an application for execution of the decree obtained by him against the appellant in O.S. No. 4421/70 by E.P. No 408/79 in the City Civil Court. The City Civil Court at Madras by its order dated 2nd of January, 1980 held that by reason of the appellant being granted a joint patta under Section 13(1) of the said Act, he had become the owner of the property and his status had changed. The Court said that the grant of a joint patta "nullified" the earlier proceedings and hence the respondent was not entitled to execute the decree. The respondent preferred Civil Revision Petition before the High Court of Madras which was allowed. The High Court, by its judgment and order dated 22-10-1982 in Civil Revision Petition No. 1149/81 held, after examining a number of decisions, that the issue of a ryotwari patta under the said Act does not amount to an adjudication on title. Hence a decree duly passed by the Civil Court adjudicating on the title of the parties before it cannot be nullified by the decisions of the Settlement authorities in the matter of granting a ryotwari patta. The High Court remitted the matter to lower Court for fresh disposal in the light of its judgment. The present appeals are filed from the above judgment of the High Court.

9. The Madras Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 is an Act to provide for the acquisition of right of inamdars in Minor Inams in the State of Madras and for the introduction of ryotwari settlement in such Inams. Under Section-3 of the said Act, on and from the appointed day (and save as otherwise expressly provided in the Act) Minor Inams shall vest in the Government. The inamdar a