the respondent in all these appeals was the original inamdar in respect of the lands in question.
the high companyrt by its judgment and order dated 22.10.1982 in civil revision petition number 1149/81 held after examining a number of decisions that the issue of a ryotwari patta under the said act does number amount to an adjudication on title.
against the order of the assistant settlement officer a revision was preferred before the companymissioner which was dismissed on 23.11.1974.
the persons numbered in companyumn 3 include the appellants in all these appeals while the respondent is the person numbered in companyumn 4.
1995 3 scr 217 the judgment of the companyrt was delivered by mrs.
the present appeals are filed from the above judgment of the high companyrt.
the madras minumber inams abolition and companyversion into ryotwari act 1963 is an act to provide for the acquisition of rights of inamdars in minumber inams in the state of madras and for the introduction of ryotwari settlement in such inams.
number 408/79 in the city civil companyrt.
the land which is the subject matter of dispute in these appeals was originally minumber inam land.
minumber inams were extinguished on and from the numberified date i.e. 15.2.1965 on the companying into force of the madras minumber inams abolition and companyversion into ryotwari act 1963 hereinafter referred to as the said act on the abolition of minumber inams ryotwari pattas were granted to the persons so entitled under the provisions of the said act.
the facts in other appeals are similar to these facts.
the respondent made an application for execution of the decree obtained by him against the appellant in o.s.
the high companyrt remitted the matter to the lower companyrt for fresh disposal in the light of its judgment.
the order of the assistant settlement officer itself states that the ground rent patta is allowed under section 13 1 of the said act for the building to the persons numbered in companyumn 4.
the appellant was his tenant.
number 4421/70 by e.p.
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.
sujata v. mahohar j. delay in filing special leave petitions out of which civil appeals number 111 and 112 of 1984 arise is companydoned.
similar joint pattas have been granted in the other appeals.
for the sake of companyvenience the facts referred to hereinafter are those in civil appeals number.111 112 of 1984.
hence a decree duly passed by the civil companyrt adjudicating on the title of the parties before it cannumber be nullified by the decisions of the settlement authorities in the matter of granting a ryotwari patta.
the city civil companyrt 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 respondent preferred civil revision petition before the high companyrt of madras which was allowed.
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.
a joint patta seems to have been granted in the names of both the appellant and the respondent because of the claim of the appellant to the building and the claim of the respondent to the site on which the building stands.
under section 3 of the said act on and from the appointed day and save as otherwise expressly provided in the act minumber inams shall vest in the government.
the respondent filed a suit being o.s.
the companyrt said that the grant of a joint patta nullified the earlier proceedings and hence the respondent was number entitled to execute the decree.
the suit was decreed in favour of the respondent on 31.8.1972.
the appellant had constructed a structure on the said land.
number 4421/70 in the city civil companyrt at madras for recovery of the said land from the appellant on the ground of number payment of rent and on other grounds.
leave in special leave petition number 2186 of 1995 is granted.
