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
ResettlementRegister . 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 thestatus of the
plaintiff as Mirsadars solely on the basis of thedescription 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.
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
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
plaintiff as Mirsadars solely on the basis of the
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.
