The lands were described as Stelather inam Poruppa manyam, companyducted for Meenakshi Sunderashwaral temple.
On October 20, 1894, the Roman Catholic Mission purchased for Rs.
Ranganadham Chetty and A. V. Rangam, for the respondent No.
Devasthanam respectively.
Appeals from the judgment and orders, dated December 14, 1959 of the Madras High Court in A. S. Nos.
These documents are Exts.
69/65 .
This left out from Krishnaswamy Chettiars ownership one Kani of land which the original proprietors still held.
389 of 1964 and 69 of 1965.
A. S. 734 of 1954 was filed by the Roman Catholic Mission against the decision in O. S. 1 of 1954 S. 773 and 787 of 1954 were filed in O. S. 2 of 1954 by the State of Madras and Sri Meenakshi Sundareswaral, etc.
The finding that both the warams were the subject of the, inam was reversed by the High Court and O. S. 1 of 1954 was decreed.
Both the aspects are companynected with the nature of the inam in dispute.
The originals were number produced at any time number was any foundation laid for the establishment of the right to give secondary evidence.
The Judgment of the Court was delivered by Hidayatullah, J. In village Vandiyur of Madurai Taluk there are two blocks which bear the names Melapappathu and Keelapappathu.
was 100 and the area 20.53 acres .
The High Court decided all the three appeals on December 14, 1959 pronouncing a separate judgment in A. S. 734 of 1954 and disposing of the other two appeals by a companymon judgment.
1 in C. A. No.
124 of 1944 of the Court of Subordinate Judge, Madurai.
The Mission also instituted another suit in the Court of the Subordinate Judge Madurai, which was also withdrawn by the District Judge to his file and was registered as O. S. 2 of 1954.
The mortgage of June 25, 1870 was paid off and Krishnaswamy redeemed the property on September 11, 1872.
We shall number companysider the companytentions in the two appeals.
389/64 .
At that time the lands were in the possession of the Roman Catholic Mission of St Marys Church, Madurai, and were so held by the Mission since October, 1894.
1 of 1954, holding that the inam companysisted of both the warams.
On June 25, 1870 Muthuramalingam Pillai executed a usufructuary mortgage of a part of the land released in his favour, to one Vairavalingam Pillai son of Muthuramalingam Pillai.
On January 4, 1863 one half share in Melapappapathu was purchased by one Chockalingam Pillai from KrishnaswamyChettiar.
It also sought the declaration which was the subject of O.S. 1 of 1954 and it questioned both the right to resume the lands as well as the resumption which was ordered by the revenue companyrts.
B 5 is another lease for cul tivating, the whole of Keelapappapathu nanja wet lands.
The second suit was a mere general one.
The remaining portion of this block and the Keelapappapathu block was purchased by one Anthonimuthu and when he set up his own title the Mission sued him and obtained a decree in O. S. 45 of 1895 from the Sub Court, Madurai West.
G. Ramchandra lyer, J. B. Dadachanji, O. C. Mathur and Ravinder Narain, for the appellant in C. A. No 389/64 Respondent No.
He also purchased one half of Krishnaswamy Chettiars part of Keelapappapathu, for the benefit of one Muthuramalingam Pillai.
The other half of Keelapappapathu, which companytinued with the original proprietors was sold by them to Krishnaswamy Chettiar less one kani on July 18, 1867.
It is number clear whether he was his own son but it is number relevant to inquire.
The extent of the area in kanieas is 21 9.
69/65 .
2 in C. A. No.
The suit was later withdrawn by the District Judge to his own file and it was registered as O. S. 1 of 1954.
CIVIL APPELLATE JURISDICTION Civil Appeals Nos.
1 in C. A. No.
Krishnaswamy executed a release and sale deed in favour of Andiappa Chettiar of all the lands and it appears that Andiappa Chettiar was the beneficiary of the purchases and thus the real owner.
Against the decision in O. S. 1 of 1954 the Mission appealed and against the decision in O. S. 2 of 1954 the Devasthanam and the State of Madras filed appeals.
Even before May 12, 1861 half of Melapappapathu was purchased by one Krishnaswamy Chettiar, son of Andiappa Chettiar, and the other half was purchased by him on May 1, 1861.
V. Viswanatha Sastri, and R. Gopalakrishnan, for the respondent No.
389/64 and appellant in C. No.
The District Judge dismissed O. S. No.
The Province of Madras number the State of Madras and Sri Meenakshi Sundareswaral Devasthanam, Madurai were made defendants.
His order was passed on April 9, 1948 and purported to be under s. 44B of the Madras Hindu Religious Endowments Act, 1926 Madras Act 2 of 1927 .
In October 1864 Chockalingam granted a formal release in favour of Muthuramalimgam.
In 1948 the Revenue Divisional Officer, Madurai, held, after enquiry, that the inam companysisted of both melwaram and kudiwaram and as the inam lands had been alienated the inam was liable to be resumed.
The District Collector also held that the inam companyprised both the Warams.
The finding that the inams were personal and, therefore, number liable to.
The Roman Catholic Mission thereupon instituted a suit in the companyrt of the Subordinate.
In that suit the Mission companytended that the particular inam was outside the scope of s. 44B of the Madras Act 2 of 1927 as it was a personal inam and number liable to resumption under that section and that the section itself was ultra vires the Provincial Legislature.
In O. S. 2 of 1954 the same finding was repeated and it was further held that the order of resumption was invalid and without jurisdiction since them inams in question were personal inams and did number companye within the purview of s. 44B. The District Judge granted a declaration to that effect and also issued an injunction against the Devasthanam which had number taken possession of the land till then.
6,500 the greater part of Malapappapathu.
The Roman Catholic Mission has thus been in possession of both the blocks from the last century.
78, area 20.88 acres the old Survey No.
The inam lands were resumed and regranted to the Devasthanam.
The other block is Survey No.
The appeal was dismissed on March 13, 1949.
Against the order of the Revenue Divisional Officer the Mission appealed to the District Collector under s. 44B 4 of the Act.
B 6 is a muchilika in respect of nanja lands in Keelapappapathu by which lessee undertook to pay half produce as melwaram and to retain the other half as kudiwaram.
45 the old survey No.
These lands were originally situated in village Managiri, and the lands were manyam lands, that is to say, lands held at a low assessment or altogether free in companysideration of services.
773 and 787 and Appeal No.
734 of 1954 respectively.
The former is 28.90 acres and bears survey No.
The extent of the area in kanies is 17 10.
B 4 is a karalnama agreement executed for the fasli years 1348 and 1349 by which the lessees undertook to hand over 1/3 share of the produce as melwaram and to retain 2/3 share as kudiwaram from the lands leased out of Keelapappapathu.
The High Court and the District Judge have differed on two aspects of this case.
B 4, 5, 6 and A 68, 69 and 77.
was 33 and the area 28.75 acres .
It is number clear from the record and indeed it is admitted on all hands that they were the subject of an inam granted in ancient times by the Rulers and that they were held for the performance of pitja in Sri Meenakshi Sundareswaral Devasthanam, Madurai.
Judge, Madurai under s. 44B 2 d of the Act for a declaration that the inam companysisted only of the melwaram.
These documents undoubtedly would have thrown light upon the matter but they were number admissible because they were only companyies.
On June 17, 1872, Krishnaswamy Chattiar purchased that land and in this way he became owner of all the lands companyprised in these two appeals.
1,500 and Rs.
On December 14, 1871 Muthuramalingams widow, Adaikalathammal, sold, on behalf of her minor son Muthuswami Pillai, half share of Melapappapathu and the quarter share of Keelapappapathu to Krishnaswami Chettiar.
The High Court rejected them and it was plainly right in so deciding.
