Court : Chennai
Reported in : 30Ind.Cas.74
..... reference was made to the provisions in madras act viii of 1869 that nothing in the inam title-deed, shall be deemed to affect rights of holders or occupiers of lands from which any inam is derived or to affect the interests of any person other than the inam-holder named in the title-deed, and if it could be shown that under the original grant either of these temples had a beneficial interest in the land itself or even in the revenue thereon, that interest would not be affected by a title-deed issued to a third party in which they were ..... ' the words the support of the pagoda called,' which do not make very good sense, were probably part of the common form drawn up for the confirmation of devadayam inam and do not add anything to the nature of the grant which, as also appears from the register, was for the service called acharyapurusha in the said temple and was confirmed so long as the conditions thereof should be duly performed. ..... not named, but that is not the case .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ308
1. as regards the alienations under exhibit j. we agree with the subordinate judge that it is not an alienation binding upon the reversioner. we cannot accept the suggestion that the grant of the inam title deed to the 1st defendant, the widow, constituted the property her absolute property. the inam was taken by inheritance by the 1st defendant as the widow of the previous holder. though there has been some difference of opinion as to the effect of the enfranchisement of service inams, there never has been any doubt that enfranchisement or grant of title deed in respect of personal inams in any way affects the right of parties entitled thereto. this was laid down so far back as 1865 in cherukuri venieanna v. manthravathi lahshmi narayana bastrulu 2 m.h.c.r. 327. the law as laid down there was adopted by the legislature itself in madras act viii of 1869. the case in subba naidu v. nagayya 12 m.l.j.r. 89; s.c.i.l.r. 25 m. 424.--ed. to which our attention has been drawn it inconsistent with our view cannot be held to be of any binding authority considering that it is opposed to cherukuri venhanna v. manthravathi lahshmi narayana sastrulu 2 m.h.c.r. 327 which it does not notice and to the terms of the enactment referred to above.2. we must, therefore, accept the findings and reversing the decree of the subordinate judge pass a decree in terms of the prayer of the plaint with costs throughout inclusive of the costs incurred on the findings.
Tag this Judgment!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. .....
Tag this Judgment!Court : Chennai
Reported in : (1914)ILR37Mad322
..... it is contended on behalf of the government that the plaintiff was not entitled to take water to raise wet crops on lands on which hitherto it was only customary to raise dry crops, on the ground that it must be taken that the plaintiff was only entitled to receive so much of the water of the stream as was conceded to him by the government when the village was granted to him in inam, and if he takes any more water he is liable to pay any assessment that may be imposed under the madras act vii of 1865. ..... but it was contended at the former hearing of the appeal that, although there is no evidence that the channel or stream and the tanks irrigating the village belong to government it must be presumed that the ownership thereof is vested in it by virtue of section 2 of act iii of 1905 (madras land encroachments act) which enacts (we quote only the necessary portion of the section) that' ...the bed of the sea and all harbours and creeks below high water mark and of rivers, streams, lakes and tanks and all canals and water ..... ' act viii of 1869 made clear that only the rights of government were intended to be granted and that no proprietary right in the soil (which did not already exist in any particular inamdar) were intended to be newly given. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1925Mad1184; 87Ind.Cas.376; (1925)49MLJ71
..... 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 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 ..... ' in this case as i have already observed the inam commissioner rightly or wrongly refused to grant inam patta in the name of venugopal rao who was the karnam in office and who had obtained a decree for the possession of the inam land and it must therefore be taken that the enfranchisement in the names of the persons mentioned in ex. ..... in which it was held that the enfranchisement of the service inam in favour of the holder of the office for the time being, though he had no hereditary title to the office, enured for his benefit and his title was not liable to be defeated at the suit of the hereditary office-holder who was able to evict him from the office. .....
Tag this Judgment!Court : Chennai
Reported in : 1998(1)CTC630; (1998)IIMLJ722
..... . a comparison of the provisions contained in the abolition act, the inam abolition act as also the minor inams act would go to show that the ultimate object of one or the other of these legislations is the introduction of ryotwari settlement in the areas covered and notified under the respective enactments, after abolishing existing land tenure and acquiring the rights of the landholders or inamdars concerned, who, under the system of land tenure which was in vogue in these areas, were considered to be intermediaries in between the actual tiller of the soil and the state ad that the other provisions pertaining to the ..... moreover, it may be pointed out that so far as the madras act is concerned by madras act 34 of 1958 section 56 itself has been repealed with effect from december 27, 1958 and section 9(2) of the repealing act (34 of 1958) has gone on to provide that all proceedings pending before the settlement officer or tribunal under that section shall abate. ..... . it was unfortunate that it was not brought to the notice of the court that the purpose of estate abolition act was not solely for the purpose of collecting the revenue to the state.the act has its birth from a long drawn struggle carried on by the ryots in madras presidency for permanent ryotwari settlement of tenures and grant of permanent occupancy rights and the indian national congress espoused their rights and passed resolution at avadi session to make a legislation in that regard .....
Tag this Judgment!Court : Chennai
Reported in : (1922)ILR65Mad1
..... the question referred to us is whether the word 'tenant' in section 20(3) of madras act iv of 1897 includes the grantee of a rent-free inam in a zamindari. ..... the question referred to us is:whether the word 'tenant' in section 20, clause 3 of madras act iv of 1897, includes the grantees of a rent-free inam in a zamindari.2. ..... there seems no reason either in law or equity why a holder of a free inam should not for the purposes of the act be exactly in the same position as a tenant paying rent, but we can only interpret the language of the legislature as we find it. ..... the learned judge draws attention to the definition of 'tenant' in the local boards act, section 3(xxvii), madras act v of 1884, where it includes all persons who occupy land under a landholder or an intermediate landholder, and whether or not they pay rent to such landholder or intermediate landholder. ..... for example, in the local boards act (madras act v of 1884) 'tenant' is defined as includingall persons who whether personally or by an agent occupy land under a landholder or an intermediate landholder and whether or not they pay rent to such landholder or intermediate landholder, as the case may be.9. ..... this is so far as i am aware, the only madras act where the word 'tenant' is used in a wide sense so as to include persons not paying rent. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1964Mad90
..... this petition filed under article 223 of the constitution raises a question as to the validity of the madras inams assessment act, 1956 (act 40 of 1956), (hereinafter referred to as the act) with a view to quash notification made thereunder.2. ..... while submitting the madras inam' assessment bill, 1956, for consideration of the president, the state government said this in its accompanying letter:'the bill falls within the scope of the following entries of the state list in the seventh schedule to the constitution, namely -entry 18: land, that is to say, rights in or over land, land tenures, including the relation of landlord and tenant and the collection of rent;entry 45 : land revenue including the assessment and collection of revenue, the maintenance of land records, survey for revenue purposes and records ..... it will follow that it cannot be said that the madras inam assessment act, 195s is colourable in the sense that the state legislature abrogated to itself a power which it did not possess or camouflaged a process of acquisition where compensation was payable as a mere taxation measure.42. mr. ..... the madras state legislature passed a law, the madras inams assessment act, 1956 for the stated purpose of levying full assessment on certain inam lands hi the state. ..... a number of enactments were passed during the years 1862, 1866 and 1869, with respect to the extent and nature of the inams granted or confirmed by the inam title deeds, the inam grants were of varied extents. .....
Tag this Judgment!Court : Chennai
Reported in : (1970)1MLJ523
..... be ascertained whether the title to the inams according to the existing tenure is good; and if this should be established by the production of a valid grant or by evidence of uninterrupted possession for fifty years, it should then be open to the holder either to retain the inam according to his actual tenure, subject to the liability of lapse and without the power of alienation, or to enfranchise it by payment of an annual quit-rent, or a single fixed sum equal to so many years purchase of the quit-rent.at page 70, we get rules for the adjudication and settlement of the inam lands of the madras presidency. ..... the madras enfranchised inams act, 1862 has this preamble.whereas under the inam rules sanctioned by government under date the 9th august, 1859, the reversionary rights of government are surrendered to the inamdars. ..... in the collection of papers relating to the inam settlement in the madras presidency, volume 1, published by the madras government in 1948, at page 46, we find minutes by the president of the board at that time. ..... the petitioner's contention is that the inam which has been enfranchised stands on the same footing as ryotwari land, and that the provisions of madras act xxvi could not be applied to the village. ..... the effect of enfranchising a service inam is clearly declared by madras act iv of 1866. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1969(2)LC345(SC)
..... contract act. ..... the rent was not paid because the urism zamindari was abolished and inams had vested in the state of madras, and on that account the deities had no right to sue; and on that the consideration or object of the agreement dated january 21, 1951 and the lease dated march 15, 1954, on the basis of which the deities had sued, were forbidden by law as they were calculated to defeat the provisions of the madras estates (abolition and conversion into ryotwari) act 26 of 1948, and were on that account void under section 23 of the .....
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