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Seshagiri Aiyar and anr. Vs. Tirumalai Ambalam and anr. and

Court : Chennai

Reported in : 17Ind.Cas.481

..... ha has also overlooked the-caution contained in the preamble to the madras inams act viii of 1869, in which it is remarked that 'the terms of title-deeds granted by the inam commissioner in many cases appear to convey more extensive rights than could be legally given. ..... ' the act, therefore, provides that anything contained in any title-deed shall not be deemed to define, limit, infringe or destroy the rights of any description of holders or occupiers of the land or to affect the interests of any parson other than the inam holder under the title-deed.6. ..... it was contended for the plaintiffs that because exhibit b-3 and the subsequent documents, exhibits m and c, show the assessment on the land was fixed, the assessment alone could not have constituted the inam; because if that were so, the inamdars would have been entitled to collect that assessment only and nothing more from the occupiers, whereas the defendants admit that they have been paying half the produce as melvaram to the inamdars, i.e. ..... it is probable that, in the time of the carnatic rulers, the state took as its share a portion of the produce, and that the grantees of the inam continued to take that share, although money assessments were fixed for lands in the village subsequently and the assessment which inam lands would be liable to, if not rent-free, was at that time entered in the registers. .....

Ayya Nadar and ors. Vs. Sri Vaidyanathaswami Koil Devasthanam Through ...

Court : Chennai

Reported in : (1970)2MLJ129

..... three contentions were urged on behalf of the appellants in these letters patent appeals, namely, that the inams were personal grants burdened with service and not service inams resumable under section 44-b of the madras hindu religious and charitable endowments act (ii of 1927) that the inams comprised only the melwaram and not both the melwaram and kudiwaram and that the result of the prior proceedings under section 44-b of act (ii of 1927) operated as a statutory bar against the devasthanam from contending that the inams comprised of both the warams.4. ..... section 44-b (1) of the madras act ii of 1927 is really confined to inams directly granted to the temple, or service inams for the purpose of a temple or mutt, or inams the whole of the income of which is meant for charity and does not include personal inams burdened with service vide bheemasena rao v. ..... srinivasachariar , in which it was held that upon the true construction of the grant the full right to the quarries and minerals did not pass to the grantee, that having regard to madras act viii of 1869, the inam title deed could not vest in the inamdars a subject-matter not vested in them by grant and that consequently the government was entitled to impose royalties on stone quarried in the village. .....

R.E.M.S. Abdul Hameed Vs. Govindaraju and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1983; JT1999(3)SC353; (1999)3MLJ85(SC); 1999(3)SCALE129; (1999)4SCC663; [1999]2SCR1010

..... it is also relevant to refer to madras inams act, 1869 (madras act viii of 1869). ..... mela thattimal padugai and kizha thattimal padugai was known at the relevant time, is a minor inam coming within the purview of the tamil nadu minor inams (abolition and conversion into ryotwari) act, 1963 (hereinafter referred to 'as the act 30 of 1963') or it would fall under the madras inam estates (abolition and conversion into ryotwari) act xxvi of 1963 (hereinafter referred to 'as the act no. ..... thus, inam villages were treated as estates on exactly the same footing as zamindaris in the madras regulations of 1802 and 1822, the madras rent recovery act, 1865, the madras proprietary estates village service act, 1894 (madras act ii of 1894) and madras hereditary village officers act, 1895 (madras act iii of 1895) and it ultimately resulted into madras estates land act, 1908.9. ..... we have again referred to the definition of the term, 'part village inam estate' in section 2(11) of the tamil nadu an xxvi of 1963 and in the present case both the settlement officer and the tribunal have held that the inam in question is a part village inam estate and therefore a new inam estate and consequently an inam estate under the tamil nadu act xxvi of 1963.the full bench further considered the meaning of the word 'part' as referred , in the main part of the definition of 'part village inam estate' in sub-section (11) of section 2 of act no. .....

Secretary of State Vs. Srimath Vidya Sri Varada Thirta, Swamigal and O ...

Court : Privy Council

..... to remove the difficulties created by the ill advised language of the rules, acts and title deeds, madras act 8 of 1869 referred in its preamble to "the rights and interests which other persons may have in lands from which the inama are derived or drawn incases where inam-holders do not possess the proprietary right in the soil but only the right of receiving the rent or tax payable to government in respect of the inam land as transferees of the government. ..... the true inference from these materials as to the character of the inam right granted in 1733 is not much affected by the madras acts 4 of 1862, 4 of 1866 and 8 of 1869. ..... (9) the question arose on the issue whether the inam village was an estate within the madras estates land act, 1908, and the suit was between tenants of the village and the inamdar. ..... " it provided as follows : "nothing contained in any title deed heretofore issued to any inam-holder shall be deemed to define, limit, infringe or destroy the rights of any description of holders or occupiers of the lands from which any inam is derived or drawn or to affect the interests of any person other than the inam-holder named in the title deed ; and nothing contained in madras act 4 of 1862 or in madras act 4 of 1866 shall be deemed to confer on any inam-holder any right to land which he would not otherwise possess. .....

Mantravadi Bhavanarayana and anr. Vs. Merugu Venkatadu and ors.

Court : Chennai

Reported in : AIR1954Mad415; (1953)IIMLJ748

..... referring to the amendment say as follows:"before the passing of this act (madras estates land amendment act, 1945) the law was that unless the evidence showed that the grant was of the whole village, it was not an estate within the meaning of the madras estates land act, in -- 'air 1943 mad 187 (c)', this court held that where previous inams had been granted, the grant of the remaining lands in the village would not constitute a grant of the whole village so as to make the land granted an estate. ..... following -- 'air 1945 mad 378 (s)', that the grant by the mokhasadar was not an estate as defined in section 3(2)(d) of the madras estates land act.in -- 'air 1948 mad 315 (u)', the facts found were that from the very beginning there were two distinct and independent grants of portions of villages; and both of them were confirmed by the inam commissioner; and two title deeds were issued therefor. ..... madras act viii of 1869 was intended to clear doubts with regard to the legal import of the title deeds granted by the inam commissioner. .....

The Secretary of State for India in Council Vs. Srinivasachariar and o ...

Court : Chennai

Reported in : 39Ind.Cas.337

..... but as this act was construed to mean that the enfranchisement was in the nature of a fresh grant of property by the government, act viii of 1869, madras, was passed which declared that 'nothing contained in a title-deed... ..... the suggestion that an inamdar is only a permanent lessee from the government is opposed to act iv of 1862, madras, and to the language of the grant in thin case.8. mr. ..... all that these decisions lay down is that as between the tenant and the land-holder, the presumption is that only the right of the government to the revenue on the land was granted originally. ..... act iv of 1862, madras, was designed to convey to the inamdars the reversionary rights of the government in consideration of an annual quit-rent. ..... shall affect the interests of any person other than the inam-holder' or confer any right to land which he would not otherwise posse sections' it is enough in this connection to refer to the historical judgment of bhashyam aiyangar, j. ..... i agree with the learned government pleader that the title-deed of the inam commissioner confers no higher title than what was originally granted. ..... but the government in enfranchising the inam reserved to itself only a right to a small quit-rent until purchase by the grantee. ..... at the same time, it must be remembered that any declaration or finding by the inam commissioner regarding the nature and extent of the grant will bind the government. ..... there is no such clause in the case of inam grants. .....

Nachiyappan Alias Kirukan and ors. Vs. Alagappa Chetty and ors.

Court : Chennai

Reported in : AIR1921Mad107; 62Ind.Cas.87

..... but when the matter in issue is a matter of the boundary between an inamdar and his neighbour, it is clearly laid down by madras act viii of 1869 that the title-deed shall not be deemed to affect the interests of any person other than the inam-holder.6. ..... gompertz purported to act, did not give him jurisdiction to settle the boundary disputes between the dharmasanam village and the zemindari village and that it is only madras act iv of 1897, which repealed act xxviii 1860, which for the first time invested the survey officer with such powers, (see section 17 of act v of 1897. ..... and we were entitled to go into the evidence, i would be inclined to find, on a construction of the boundaries given in 1862-63 in the inam statement, exhibit lxvii, as those agreed upon in the 1813 razinama, that the dharmasanam boundary went up to the kottaiyur-karaikkudi big path, on the east, near b1 and included all the sites in dispute the word south east' has been omitted by the district judge in setting out the boundaries according to exhibit lxvii, and his finding that the big path mentioned in it as the eastern boundary and as running .....

Kumbhan Lakshmanna and Others Vs. Tangirala Venkateswarlu and Others

Court : Privy Council

..... reference may here be made to the madras act, iv [4] of 1869 (already quoted) which was specially enacted by the legislature to make it clear that nothing contained in any title deed issued to a land owner by inam commissioners : "shall be deemed to define or limit or destroy the rights of any description of landholders or occupiers of land from which inam is derived.... ..... attention may however be drawn to the following provision of madras act viii [8] of 1869, which enacted : "nothing contained in any title deed heretofore issued to any inam-holder shall be deemed to define, limit, infringe or destroy the rights of any description of holders or occupiers of the lands from which any inam is derived or drawn, or to affect the interests of any person other than the inam-holder named in the title deed; and nothing contained in madras act iv of 1862, or in madras act iv of 1866, shall be deemed to confer on any inam-holder any right to land which he would not ..... on the same date, the regulation xxxi [31] of 1802 (subsequently repealed by madras act ii [2] of 1869) was passed, dealing with inams, for enacting rules "for the better ascertainment of titles of persons holding or claiming to hold, lands exempted from the payment of revenue to government under grants not being 'badshahi' or royal and for fixing an assessment on such lands . . ,." by s. ..... " it may be mentioned here that minor inams do not fall within the purview of the madras estates land act. .....

Talikonda Lakshminarasimham Vs. Talikonda Venkataratnayamma

Court : Chennai

Reported in : AIR1921Mad645; 70Ind.Cas.642

..... a title where no title existed before would be to disregard the provisions of madras act viii of 1869, which expressly state that 'nothing contained in any title-deed shall be deemed to define, limit, infringe, or destroy the rights of any description of holders or occupiers of the lands from which, any inam is derived' or 'affect the interest of any person other than the inam holder named in the title-deed, and nothing contained in the madras act iv of 1863 or in madras act iv of 1866 shall be deemed to confer on any inam holder any right to land which he would not ..... having regard to madras act viii of 1869, and the tenor of the inam rules according to which enfranchisement should be in favour of the inam-holder, i think it is open to an aggrieved party to show that a name or names were added in the deed by mistake. ..... at the date when the enfranchisement commenced tirupathi raju was a minor and was not qualified to hold office until he attained majority and was found fit by the revenue officers (see section 13 of the madras act ii of 1894). ..... ' act iv of 1862 and act iv of 1866 provide that the title-deed granted by government should be deemed sufficient proof' of the enfranchisement, that is, of the fact' that the inam was enfranchised. .....

Secretary of State Vs. G. Krishna Rao

Court : Privy Council

..... in the judgment of this board, delivered by sir george rankin, in the swamigal case (2) it was said that the madras act, 8 of 1869, created no presumption that the view of the inam commission was unfounded and unquestionably in many cases the inam right does comprise the proprietary rights in the soil. ..... lord goddard: the action out of which this appeal arises was brought by the respondent in the court of the subordinate judge, coimbatore, for an injunction restraining the government of the province of madras from levying water cess from the plaintiff or his ryots in respect of a jaghir consisting of seven shotriem villages in the coimbatore taluk. ..... in their lordships' opinion the judgment of the madras high court in 24 mlj 36 (4) where a contrary opinion was expressed must be regarded as overruled to that extent by the urlam case (3). ..... ) in the present case as no sanad or cowle has been produced or even shown to have been executed the title deed granted by the inam commission and the extracts from the inam register referred to above are evidence, and indeed the best evidence of the true character of the grant. ..... an argument was addressed to the board which was not raised before the high court based on the provisos to s.1 of madras act, 7 of 1865. ..... the deed is in these terms: coimbatore (seal-inam commission-madras.) no. .....