26,000/ , and was in possession and enjoyment thereof.
The State filed a written statement asserting that the said village formed part of Tirumazhy Zamindari, that it was separately registered in the office of the Collector and that, therefore, it was a zamin estate within the meaning of the said Act.
Appeal from the judgment and decree dated September 9, 1958 of the Madras High Court in Appeal Suit No.
85 of 1956.
22 of 1954 in the Court of the Subordinate Judge, Chingleput, against the State of Madras for a declaration that the said numberification of his village as zamindari estate under the said Act was illegal and void.
On appeal, the High Court of Judicature at Madras held that it was number proved that the said village was a zamin village, but it was a whole inam village.
On that finding, it granted the plaintiff a declaration that the numberification of the said village as a zamin estate under the Act was illegal and void, as the said village was a whole inam village.
The Government took possession of the same on January 3, 1951.
446 of 1963.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
The respondent purchased the same from one P. Anathapadmanabacharlu under a sale deed dated July 10, 1946, for a sum of Rs.
But that plea was subsequently given up and numberhing need be said in that regard.
Ranganadham Chetty and A. V. Rangam, for the appellant.
In the plaint he claimed that the said village was number an estate within the meaning of the Madras Estates Land Act and, therefore, it did number vest in the State.
Mothirambedu village is one of the shrotriem villages in the Chingleput district in the State of Madras.
On December 12, 1950, the Government of Madras issued a numberification under s. 3 of the Act taking over the said village as a zamindari estate.
The facts may be briefly stated.
Hence the appeal.
On March 15, 1954, the respondent filed O.S. No.
V.R. Tatachari, for the respondent.
The Judgment of the Court was delivered by Subba Rao, J. This appeal by certificate raises the question whether the village of Mothirambedu is a zamindari estate under the Madras Estates Abolition and Conversion into Ryotwari Act, 1948 Madras Act XXVI of 1948 , hereinafter called the Act.
