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Issues Involved:
1. Whether the village of Ekkattu Thangal is an "inam estate" under the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948). 2. Whether the learned Judge had jurisdiction to quash the order of the Estates Abolition Tribunal. 3. The legal effect of the original grant to Kasim Ali Beg and its devolution. 4. The nature and legal effect of the lease-deeds of 1796 and 1914. 5. The relevance of subsequent conduct in determining the nature of the tenure. 6. The competency of the appeal by the ryots. Detailed Analysis: Issue 1: Whether the village of Ekkattu Thangal is an "inam estate" The primary question was whether the village of Ekkattu Thangal qualifies as an "inam estate" under the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948). The Settlement Officer initially determined that the village was not an inam estate, primarily because it was held under a lease granted by the Government in September 1914. The Estates Abolition Tribunal, however, reversed this decision, declaring the village an "inam estate." The High Court held that there was a clear distinction between a grant in inam and a lease, with the former contemplating the assignment of a freehold interest. Since the village was held under a lease and not a grant, it could not be considered an inam estate. Issue 2: Jurisdiction to Quash the Order of the Tribunal The High Court examined whether the learned Judge had jurisdiction to quash the Tribunal's order. The Court found that the Tribunal had committed a patent error by determining the nature of the tenure based on subsequent conduct rather than the terms of the document. This constituted an error apparent on the face of the record, thereby justifying the quashing of the Tribunal's order. Issue 3: Legal Effect of the Original Grant to Kasim Ali Beg The appellants argued that the village was originally granted in inam to Kasim Ali Beg by the Nawab of Carnatic. However, the Court found no evidence of the terms of this grant. Even if such a grant existed, it was forfeited and determined by subsequent alienation. The East India Company's lease to Shamier Sultan in 1796 proceeded as if on a clean slate, without reference to any earlier grant. Issue 4: Nature and Legal Effect of the Lease-Deeds of 1796 and 1914 The Court examined the lease-deeds of 1796 and 1914 to determine if they constituted grants of the land revenue without the kudiwaram. The 1796 lease was a bilateral transaction with covenants from both parties, and not a unilateral benefaction or grant. The 1914 lease, being a renewal, also did not constitute a grant. The Court held that these leases did not amount to grants or assignments of land revenue to a person not owning the kudiwaram, and thus, the village could not be considered an inam estate. Issue 5: Relevance of Subsequent Conduct The appellants relied on subsequent conduct to argue that the village should be considered an inam estate. However, the Court held that such conduct was irrelevant when the terms of the original lease-deeds were clear and unambiguous. The Court found no value in isolated pieces of subsequent conduct when determining the tenure of the village. Issue 6: Competency of the Appeal by the Ryots A preliminary objection was raised regarding the competency of the appeal by the ryots, arguing that only the Government could be aggrieved by the decision. The Court overruled this objection, stating that the appellants were contesting respondents before the learned Judge and were parties to the writ petition. Therefore, they were competent to file the appeal. Conclusion: The High Court dismissed the appeal, concluding that the village of Ekkattu Thangal is not an inam estate within the meaning of Section 2(7) of the Madras Act XXVI of 1948. The Court also upheld the jurisdiction of the learned Judge to quash the Tribunal's order due to errors apparent on the face of the record. The appeal was dismissed with costs, and the judgment was detailed in its analysis of the legal issues involved.
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