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Tuesday, March 10, 2015

Mirasadar Rights = Mere entry in RSR in the name of plaintiff as Pattadar - Rent Recipt also not clear of which village it pertains - with out oral evidence about status of plaintiff , No court come to a conclusion that the Plaintiff is the Mirasdar having right and title over the suit land - 2015 S.C. msklawreports ; Rights of Occupany tenants - would entitle to remain in possession with heritable and transferable rights in respect of inam lands under the Inam Estate Abolition Act -2015 S.C. msklawreports



  Mirasadar Rights = Mere entry in RSR in the name of plaintiff as Pattadar - Rent Recipt also not clear of which village it pertains - with out oral evidence about status of plaintiff  , No court come to a conclusion that the Plaintiff is the Mirasdar having right and title over the suit land - 2015 S.C. msklawreports

 The plaintiff's case was based on Patta  No.1.  Admittedly,  the
said  Patta  was  not  exhibited.  According  to  the  respondent-plaintiff,
Exhibit A-21 establishes the grant of the aforesaid Patta No.1 in favour  of
the  plaintiff.   We  have  perused  the  said  exhibit  which  is  a   Land
Resettlement Register.  Undoubtedly, the said  exhibit,  inter  alia,  shows
that Patta No.1 is in favour of Singaravelu  Mudali  Manager  for  the  time
being of Sri Kandaswamiyar Devasthanam.   Beyond  the  above,  Exhibit  A-21
does not throw any further light on the nature  and  extent  of  the  rights
conferred on the plaintiff by Patta No.1.  There is also  no  oral  evidence
on record to explain the nature of the rights granted under Patta No.1.   In
such a situation, the materials on  record  do  not  permit  any  conclusive
determination of the title of the plaintiff on the basis of Patta  No.1.
However,  the  High  Court
appears to have acted a little  hastily  in  accepting  the  status  of  the
plaintiff as Mirsadars solely on the basis of the description  contained  in
the rent receipts and further in accepting the position  that  as  Mirsadars
the plaintiff had  been  vested  with  title  to  the  suit  land
In the present case, the High Court proceeded to  recognize  the  status  of
the plaintiff as a Mirasdar and the right/title  of  the  plaintiff  to  the
suit land on that basis without there being  any  evidence  of  such  status
(Mirasdar) of the plaintiff the nature and extent  of  the  right  held  and
enjoyed by the plaintiff, even if its status as Mirasdar is assumed.

Rights of Occupany tenants would entitle to remain in possession with heritable and transferable rights in respect of inam lands under the Inam Estate Abolition Act -2015 S.C. msklawreports
Even if the abolition of the estate under the 1948 Act  had  not
been proved by the defendants, if the suit land is  included  in  an  estate
under the 1908 Act and the defendants were tenants under the  plaintiff  the
same would confer certain specific rights on the defendants under Section  6
of the 1908 Act.   Such  rights  which  would  flow  from  their  status  as
occupancy tenants would entitle the defendants to remain in possession  with
heritable and transferable right in respect of the land.  

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