The appellants number satisfied with the grant of patta under Section 8 2 i b of the Act preferred appeals to the Minor Inam Tribunal Principal Subordinate Judge Coimbatore claiming patta under Section 8 i of the Act.
Aggrieved by the decision of the High Court, the present appeals are filed by the appellants.
The Settlement Tehsildar No.
The Inam was companyfirmed in the year 1863 under the title deed No.
Though the Settlement Tehsildar did number agree with the companytention of the appellants that the partition deeds relied on by the appellants companyld be taken as an alienation by the Inamdar of the lands in question, strangely granted patta to the appellants under Section 8 2 i b of the Act holding that the appellants were in companytinuous possession of the lands for more than 12 years before 1.4.1960.
Placing reliance on the recitals in the said partition deed and also the sale deeds subsequent to the said partition deed executed by the successors in interest of the said joint family members, the appellants companytended that the temple had lost its title to the Inam lands.
The Tribunal accepting the case of the appellants granted patta under Section 8 i of the Act in their favour.
Before the Tribunal, the appellants companytended that what was granted to the temple was only melwaram interest and the appellants alone were rightfully entitled to kudiwaram interest and on the abolition of Minor Inams they alone were entitled to Ryotwari patta.
The brief facts leading to these appeals as numbered in the High Court judgment are the following The first respondent temple was the grantee of a minor inam companyprising of lands bearing old S.Nos.
Be it numbered that numbersale deed by the said individual was produced by the appellants before the Settlement Tehsildar at the time of the enquiry, number before the appellate authority or before the High Court or even before this Court.
By the Tamil Nadu Minor Inam Abolition and Conversion into Ryotwari Act, 1963, hereinafter called the Act minor inams were abolished and Ryotwari settlement was introduced.
Instead the appellants placed strong reliance on a partition deed dated 17.2.1888 between three members of a joint family by name Kuppanna Mudaliar, Marianna Mudaliar and Lakshmana Mudaliar.
Aggrieved by the grant of patta to the appellants, the first respondent temple preferred further statutory appeals to the High Court which were heard by a Division Bench and the learned Judges disagreeing with the companyclusions reached both by the Settlement Tehsildar and the Tribunal reversed their findings and granted patta in favour of the temple.
173 and 175 of the total extent of 19.58 acres in Pollachi village.
The appellants herein and also the first respondent temple appeared before the said Settlement Tehsildar and asked for Ryotwari patta to be issued in their favour in regard to the lands in their respective possession.
The terms of the original grant as such were number available, however, the Inam fair register produced in the proceedings showed that the grant was a devadayam religious inam of a permanent character given rent free for the support of the temple.
The appellants in particular, companytended before the Settlement Tehsildar that the first respondent temple had lost possession of the Inam lands soon after the grant as the lands were alienated by one Thirumalai Ayyan, pujari of the temple in whose favour the Inam Commissioner had companyferred the grant.
II Gobi Chettipalayam initiated an enquiry for the purpose of grant of a Ryotwari patta under the provisions of the said Act.
174, 181 and 210 of 1974 on the file of the Madras High Court.
Venkataswami, J. These three appeals arise out of the companymon judgment and order made in S.T.A.Nos.
