Court : Andhra Pradesh
Reported in : AIR1994AP116
..... he submits further that radhamma, the widow of the inamdar having been found to be in possession even prior to 1953 in the sethwar proceedings, was entitled to continue in possession, notwithstanding the abolition of inams under the inams abolition act, 1955. ..... counsel submits that the fact that she was the successor in interest of the inamdar did not divest her of her possession by operation of the inams abolition act, 1955. ..... and 8870 of 1981 operate as res judicata and the learned single judge could not have considered the matter afresh, particularly in relation to the rights of the appellants by reason of the date of vesting under the inams abolition act, 1955. ..... the learned single judge found that those findings were entered on the assumption that whole of the inam abolition act had come into force on 20-7-1955. ..... , state of maharashtra : air1971sc1859 and mohd. ..... s.85a of the bombay tenancy and agricultural lands act (act 67 of 1948) barred the jurisdiction of the civil court to try a suit involving a dispute whether a person was a permanent tenant or a protected tenant. ..... narayan hari naik, : [1993]2scr1015 which dealt with the effect of the amendment to goa, daman and diu agricultural tenancy act, 1964, with effect from 20th april, 1976, denying jurisdiction to civil courts to decide a question whether a person was a tenant or deemed tenant and left it to be decided exclusively by a mamlatdar. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(5)ALD398; 2003(1)ALT182
..... (telangana area) inams abolition act, 1955 (for short 'the inams act') and the name of the society was recorded in the revenue ..... area) abolition of inams act, 1955, all the inams, to which the said act is made applicable shall be deemed to have been abolished and the inam land shall ..... the mandal revenue officer for the following reasons: firstly, the land purchased by the petitioner-societyis not a land falling within the meaning of the term 'land' as defined under the ror act, that the land purchased by the petitioners is for the purpose of non-agricultural use, and that kapra village has been included in the list of villages covered by the master plan for ..... of seven judges in kesavlal was followed by a two judge bench of the apex court in bai hiragauri, which arose under the bombay rent act, 1947, and it was held as under.where the appellate decree has become final under the unamended section 29(2) of the bombay rent act, it cannot be set aside in exercise of the jurisdiction under the amended section 29(2), the amendment having been made long after the ..... considered the scope of revisional power of the commissioner under section 65 read with section 21 of bombay revenue code, which provided that the order can be revised at any time by the commissioner. ..... while this was pending, bombay rents, hotel and lodging houses rentcontrol act, 1947 was amended by gujarat act 18 of 1965 substituting section 29(2) which provided that the high court may suo motu call for the records and revise the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(6)ALD644; 1998(6)ALT277
..... then ex.b63 is the notice issued by the tahsildar under the inams abolition act on 21-1-1976. ..... :'the respondent having purchased property from the inamdar claiming title under ex.b9, whose grant is invalid as the succession was traced to ex.b6 from persons who arc not holding any valid atiyat grant by the date act x of 1952 came intoforce, no title has passed to him under ex.b40, and consequently we hold the rival title set up by him is not true and valid and we record the finding in negative on issue ..... pratap reddy, learned advocate appearing in support of the writ petition strenuously contended that the sine qua non for taking cognizance of the matter by the special court under the act is that there must be an activity of grabbing the land and since there is no grabbing or illegal possession of land by the petitioner, question of the special court entertaining the matter or having any authority or jurisdiction does not and ..... pratap reddy, learned advocate appearing in support of the petitioner contended that as a matter of fact, there is no categorical finding of the special court as regards the issue whether the land is an inam land and if not whether it forms part of the excluded 42 bighas or whether it was a part of the land allegedly reserved by the sarfekhas minister and moaziz committee. ..... ex.b35 dated 29-11-1955 is a petition by one of the sharers of niyamathuttah shah maktha showing all sharers. ..... ex.b41, dated 18-7-1955 is the permission obtained for raising fence. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(3)ALT531
..... area) abolition of inams act, 1955 (act viii of 1955), referred hereinafter as the inams abolition act. ..... after the inam vested in the government on 20-7-1955 under the inams abolition act. ..... was disposed of by this court on 18-11-1977 observing that grant of patta under section 38-e of the tenancy act would be subject to the orders passed under the inams abolition act the orders were passed under the inams abolition act by the competent authority i.e. ..... reversed it disagreeing with the reasons advanced by the second respondent, upoeld the claim of the appellants and remanded the matter to the second respondent to reconsider the claim of the respondents under the inams abolition act for grant of occupancy rights as successors in interest, obviously, of late narsa goud. ..... land revenue has been defined in section 2 (f) of the inams abolition act as the amount assessed by the government under the land revenue act, 1317 fasli and the rules thereunder and where no such amount has been assessed, the amount of the land revenue that could be reasonably assessed if the land had been liable to payment of ..... the appellants were not entitled to get benefit of section 7 of the inams abolition act, unless they were in cultivating possession of the lands on 1-11-1973. ..... stated that the application for declaration as occupants under section 7 of the inams abolition act was made by them some time in the year 1975. ..... the act itself stipulated two dates of vesting which was noticed in state of maharashtra .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1982AP414
..... on the other hand, it is contended on behalf of the state that the main object of introducing the estates abolition act and the inams abolition act of 1956 was to abolish all intermediary tenures and to assimilate all lands in the state to the ryotwari tenure. ..... , (1972) 1 andh lt 270 in which the andhra pradesh (telangana area ) inams abolition act, 1967 was held to be void. ..... in inam lands, but, there were no such inam lands in existence as on the date of coming into force of the inams abolition act and all the lands became converted into ryotwari tenure and vested in the inamdars except to the extent provided in s. ..... surdudamma, : air1972ap161 , where it was held that the abolition act does not affect the effacement of the inam tenure from the date of the passing of the act and the conversion from inam tenure to ryotwari tenure takes place only from the date of the grant of the ryotwari patta. ..... in the andhara pradesh (andhra area) inams (abolition and conversion into ryotwari) act , 1956, section 3 provides for determination of the question whether a land is an inam land or whether such land is a ryotwari, zamindari or inam village and whether it is held by any institution. ..... as pointed out by the learned judge in that case, the andhra pradesh (telengana area ) abolition of inams act (viii of 1955) was passed in 1955 and it came into force on 20th july, 1955. ..... state of bombay, : [1961]1scr943 and state of bihar v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD849
..... (telangana area) abolition of inams act, 1955, hereinafter referred to as 'act' for the purpose of convenience, the provisions of civil procedure code and the provisions of the limitation act, 1963 are applicable, and hence instead of recording total abatement of the appeal the 2nd respondent totally erred in permitting the legal representatives of the deceased respondents to come on record and hence the impugned order ..... and no building shall be constructed or reconstructed and no addition or alteration shall be made to an existing building without the permission of the gram panchayat granted in accordance with the provisions of any rules or bye-laws made under this act, relating to the use of building sites or the construction or reconstruction of buildings: provided that the government may, in respect of gram panchayats or with the consent of the gram panchayat, in respect of any particular gram panchayat or ..... (telangana area) abolition of inams rules 1975, hereinafter referred to as 'rules' in short, and had contended that the provisions of the code of civil procedure and the provisions of the limitation act, 1963 in all rigour cannot be made applicable to the proceedings under the act just like before the ordinary civil ..... 3 of the act deals with abolition of vesting inams and the consequences ..... executing court by the order dated 25-9-1998 had arrived at the conclusion that the said objection is unsustainable in view of the judgment of the apex court in state of maharashtra v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(4)ALD261; 2004(3)ALT445
..... (telangana area) inams abolition act, 1955, referred to as 'act' in short for the purpose of convenience. ..... to the mattuka of late nawab khurshid jah be divided by metes and bound and plaintiffs be given 29/1944th share therein etc.at page 23 it was stated:'the jagirs and the paigahs were abolished by means of the jagir abolition regulation (69 of 1388 f) with effect from 15-8-1949, and the jagirs and the properties connected with the jagirs were taken over by the jagir administrator and the jagirdars were declared entitled only to the ..... section 3 of the act deals with abolition and vesting of inams and the consequences thereof; section 4 of the act deals with registration of inamdars as occupants; section 6 of the act deals with registration of permanent tenants as occupants; section 7 of the act deals with registration of protected tenants as occupants; section 8 of the act deals with registration of non-protected tenants as occupants; section 9 of the act deals with vesting of certain buildings and inam lands used for non-agricultural purposes; section 10 of the act, likewise, deals with ..... 114/73, operates as res judicata and in view of the fact that there is inherent lack of jurisdiction in civil court to make such an order, in view of the fact that these are inam lands and these lands are not partible at all, the said finding recorded is an error apparent on the face of record and hence these applications of review are to be allowed. ..... 'in state of maharashtra v. ..... naik, j. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD756; 2000(6)ALT239
..... abolition of inams act, 1955 (hereafter called 'the inams act ..... abolition of inams act,, 1955 came into force with effect from 20-7-1955 ..... syed ah mulla's case (supra) revealed that (a) theoriginal grant was for the support of dargah of visakhapatnam; (b) the inam was classified as devadayam; (c) the three original grantees ansar saheb, madina saheb and mohammed saheb were rendering service to dargah at the time of muharrum festival; (d) the inam title deed no.42 was issued in 1863' showing it as dargah as grantee and mentioning the three names who initially rendered ..... part of the land revenue thereon and 'entered as such in the village records and includes- (i) arazi makhta, arazi agrahar and seri inam; and (ii) lands held as inam by virtue of long possession and entered as inam in the village records: provided that in respect of former jagir areas, the expression inam shall not include such lands as have not been recognised as inatns by government after the ..... that where the government purports to give reasons which tantamount to adjudication and refuses to make a reference, the appropriate government could be said to -have acted on extraneous, irrelevant grounds or grounds not germane to the determination and a writ of mandamus would lie calling upon the government to reconsider its decision' ..... maharashtra ..... commissioner bombay, : [1954]26itr736(sc) , a constitution bench of the hon'ble supreme court held that a clear issue of law arises in a situation where the court of fact arrives .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1984AP75
..... to the fundamental right of a citizen in respect of fixing the rates of prices, vis--vis the right to trade or to carry on business, specific enactments like the essential commodities act, 1955, industrial (development and regulation) act 1951 and the defence of india act and various control orders issued in pursuance of the delegation thereunder, have been brought on statute book inhibiting the free right of a citizen to fix the prices of essential commodities. ..... to deduce that the word 'regulation' is a word of broad import having wide meaning comprehending all facets not only specifically enumerated in the act but also embrace within its fold the powers incidental to the regulation envisaged in good faith with an eye single to the public welfare. ..... this pragmatic construction put up on the provisions of the maharashtra markets act would equally apply to the circumstances of regulating the exhibition of cinematographs in the larger interests of the cine-going public.whether change in circumstances can be taken ..... to note two decisions of the supreme court and one of bombay high court, which have got a bearing on the topic.93. ..... air1952bom296 a division bench of the bombay high court consisting of chief justice chagla ..... regulation on the ground of unreasonable restriction, it is profitable to refer to an instructive approach adopted by a division bench of the bombay high court consisting of chagla, c. j. ..... state of bombay, : 1978crilj1281 their lordships of the supreme ..... of bombay v. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD61; 1999(4)ALT209
..... over by government by virtue of abolition act xxvi of 1948 - persons holding lands enjoying transferable and heritable rights under estates land act (act i of 1908) - continue to enjoy the rights of ownership - after abolition of estates -rough pattas granted and names entered in 10(1) revenue accounts - collector requested director of settlements to initiate suo motu proceedings in respect of such lands - the director of settlements initiated proceedings on the ground that pre-abolition records are not available to hold ..... however, when it is found that the petitioners arc in possession of the land in question in the capacity of owners and perfected their tide, initiation of proceedings either under the land encroachment act or under the land grabbing act is not warranted because of initiation of proceedings under the said provisions is not sustainable unless it is established that the petitioners are in possessioii of the land as encroachers or tliey have unauthorisedly grabbed ..... entered the names of the original vendors and the petitioners in the revenue records and khasara pahani for the years 1955 and 1958 as the persons in possession of the land in question as owners. ..... in possession of the property in question; (viii) the entries in the khasara pahani contains the name of gulam mohd qureshi as the person in possession of ac.8.00 of land in s.no.403 having entered in seshala pahani for the years 1955-58; (ix) these entries in the records of rights show the name of either g. .....
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