Appeal No 501 of 1964
Appeal by special leave from the judgment and order dated February 27 1961 of the Andhra Pradesh High Court in section p A No 137 of 1959
R Ganapath Iyer for the appellant
P Ram Reddy and T V R Tatachari for respondent No 1
The Judgment of the Court was delivered by Subba Rao C J
This appeal by special leave raises the question whether the land described as Vantari Muttah in Talluru village was included in the assets of Jaggampetta A and D Zamindari estates in Peddapuram taluk East Godavari District Andhra Pradesh at the time of the Permanent Settlement
The undisputed facts may be briefly narrated
The said Muttah comprises an area of 50 puttis ie about 400 acres and five tanks are situate therein
The said Muttah was granted to the predecessor in interest of the appellants and respondents 2 to 5 long before the Permanent Settlement in consideration of payment of Kuttubadi of a sum of Rs 620 
At the time of Inam Settlement it was not enfranchised by the Government
After the Madras Estates Abolition and Conversion into Ryotwari Act XXV of 1948 was passed on September 22 1952 by a notification issued thereunder the Government took over the Jagganpeta Estate
In April 1953 when the appellants and respondents 2 to 5 183 tried to effect repairs to the tanks the village munsif of Talluru tinder instructions from the 1 st respondent obstructed them from doing so
Thereupon the appellants filed O section No 269 of 1953 in the Court of the District Munsif Peddapuram against the State of Andhra and others for a declaration that the 1st respondent had no right to the said tanks and for an injunction restraining it and its subordinates from interfering with their rights in the said tanks
The 1st respondent resisted the suit inter alia on two grounds namely i the entire Vantari Muttah was included in the assets of the said estate of Jaggampeta at the time of the Permanent Settlement and ii in any view Linder the grant the predecessor in interest of the appellants and respondents 2 to 5 was given only the land and not the tanks therein
The learned District Munsif upheld the claim of the appellants to the said tanks and decreed the suit
On appeal the learned Subordinate Judge Kakinada held that the said land was included in the assets of the Zamindari at the time of the Permanent Settlement and on that finding he dismissed the Suit
On further appeal Kumarayya J of the Andhra Pradesh High Court agreed with the learned District Munsif
But on Letters Patent appeal a Division Bench of the HighCourtconsisting of ChandraReddyCJand ChandrasekharaSastryJagreed with the learned Subordinate Judge
The result was that the Suit of the appellants was dismissed with costs throughout
Hence the present appeal
On the pleadings two questions arose for consideration namely i whether the Muttah was included in the assets of the Zamindari at the time of the Permanent Settlement and ii even if the said Muttah was excluded from the assets of the Zamindari whether the original grant comprised the tanks
The second point need not detain us for though Kumarayya 1
held on the said point in favour of the appellants the Division Bench did not express any opinion thereon in view of its decision on the first point
As we are agreeing with the Division Bench on the first point it is not necessary for us to express our opinion on the second point
Apropos the first point Mr R Ganapathy Iyer learned counsel for the appellants contended that the said Muttah was granted to the prodecessor in interest of the appellants and respondents 2 to 5 long before the Permanent Settlement by the then Zamindar for public services Subject to a payment of favourable sent that subsequently the services were discontinued but the grant was continued subject to the payment of favourable rent that at the time of the Permanent Settlement the said Muttah was excluded from the assets of the Zamindari and that therefore the and Muttah was outside the scope of the notification issue by the Government under Madras Act XXVI of 1948
184 Mr P Ram Reddy learned counsel for the 1st respondent the State of Andhra Pradesh argued that the grant was subject to the payment of the full I assessment that the said assessment was paid partly in cash and partly by personal services to the Zamindar that at the time of the Permanent Settlement the said Muttah was included in the assets of the Zamindari and that as it was a part of the Zamindari the Government even at the time of the Inam Settlement did not take any steps to enfranchise the same
Before we advert to the evidence it will be convenient to notice briefly at this stage the relevant law on the subject
Under section 3b of the Estates Abolition Act the entire estate including inter alia the tanks shall stand transferred to the Government and vest in it free of all encumbrances
This section would be attracted only if the suit land was part of an estate as defined under the Act
It cannot be disputed that if the land was included in the assets of the estate at the time of the Permanent Settlement it would be a part of the estate
Section 4 of Regulation XXV of 1802 enabled the Government to exclude from the said assets certain items
Under the relevant part of the said section the Government was empowered to exclude from the assets of the Zamindari at the time of the Permanent Settlement lands exempt from the payment of public revenue and of all other lands paying only favourable quit rents
Besides these two categories of grants of lands namely lands exempt from payment of public revenue and lands paying only favourable quit rents there was another category of lands which were granted subject to the payment of favourable quit rents and also subject to the performance of certain services
The said services might be public or private services ie services to the community or services to the grantor
The third category of land was the subject matter of decision in Mahaboob Sarafarajawant Sri Raja Parthasarathy Appa Rao Bahadur Zamindari Garu vs The Secretary of State1
Where lands in a zamindari were pre settlement inams granted on condition of rendering personal service to the zamindar and paying a favourable quit rent the Madras High Court held that as the grant was for services purely personal to the zamindar prima facie the inams formed part of the assets of the zamindari
The reason for this rule of presumption was stated by Sankaran Nair J thus  According to these cases therefore when lands were held on condition that the holders were to render certain services which were purely personal to the Zamindar and in which the Government were not interested ie when such services had nothing to do with police or magisterial duties or did not concern the community or the villagers 1 1913 ILR Madras 620 632
185 then the Government were entitled to include in the zamindari assets for setting the peshkash the income from the lands allowed in lieu of such services which were not allowed for in the settlement there is therefore no presumption they did not do so or treated the land as free from payment
 If the services were purely personal to the zamindari there was no reason why the Government would not have included the land in the assets of the zamindari for the purpose for fixing the peshkash
The same result was arrived at by a different process
Under section 4 of Regulation XXV of 1802 lands paying only favourable quit rents might be excluded from the assets of the zamindari
If the grantee paid part of the assessment in cash and part in the shape of personal services to the zamindari it cannot be said that he held the lands paying only favourable quit rent to the zamindar
The aspect was brought out with clarity by Venkatasubba Rao J in Secretary of State vs Rajah Vasireddy1
Therein the learned Judge said thus  In the case of personal service inams was there any reason at the time of the permanent settlement for treating them as lands exempt from the payment of public revenue  The zamindar was receiving income from such lands though not of course in the shape of cash rent but in the shape of services for the rendering of services was one mode of paying the rent
It was reasonable therefore to treat them at the settlement as revenue paying lands
 The legal position may therefore put thus Under section 4 of Regulation XXV of 1802 the Government was empowered to exclude income from lakhiraj lands ie lands exempt from payment of public revenue and of all lands paying only favourable quit rents from the assets of the zamindari at the time of the permanent settlement
If the lands fall squarely within the said two categories there is a presumption that they were excluded from the asse s of the zamindari
But if the grant of land was subject to performance of personal services to the zamindar or subject to the payment of favourable rents and also performance of personal service to the zamindar there is no such presumption
Indeed the presumption is that in such a case the income from the land was not excluded from the assets of the zamindari
The reason for the rule is that in one case the personal services are equated with the full assessment and in the other the favourable rent together with the personal services is equated with full assessment
If the zamindar in one shape or another was getting the full assessment on the lands there was no reason why the Government would have fore 1 AIR 1929 Madras 676 682
CI66 13 186 gone its revenue by excluding such lands from the assets of the zamindari
With this background let us look at the documentary evidence adduced in the case
The relevant grant is not produced
The permanent settlement accounts are not before us
The sanad is not placed on the evidence
Indeed no document of a date prior to the permanent settlement is exhibited
The question falls to be decided only on the basis of the documents that came into existence subsequent to the permanent settlement
A 3 is a Kaifat dated April 221818 pertaining to manyams  in the village of Jaggampadu
The relevant part of the document reads  Thimmaraju Maharajulungaru got debited in the accounts of the said village and granted towards maintenance of Malireddy Gopalu for his service
He Raja fixed three hundred and fifty varahas and continued it so in the same manner receiving service from him
Afterwards Ammannagaru settled that cash has to be paid to the aforesaid diwanam  estate and that the remaining shall be enjoyed as long as the service is done to the abovementioned people
In that manner it was enjoyed till last year
For the current year it was done as Amani  Government supervision
 This document shows that the grantee and his heirs were to enjoy the land so long as service was done to the Raja
The expression abovementioned people can only refer to the Raja 
The service therefore was only personal service to the Raja
A 4 is an order of the District Collector of Rajahmundry to the Estate Amin or Jaggampeta
This letter is dated September 5 1829
This document shows that the agent of the Raja complained to the Collector that the Vantarlu of Thalluri village were granted lands assessed to a kist of Rs 2140 that for their service the late Raja granted remission of Rs 620 that they were paying every year the balance amount to the Raja that after the death of the late Raja they did not present themselves to the minor Raja but were doing service to some other zamindar and that therefore an order might be issued directing them to pay to the then Raja the entire assessment
On the basis of that request the Collector directed the Amin to make the necessary enquiries
This document clearly shows that the Zamindar s agent asserted as early as 1928 that the Vantarlu were given remis 187 sion by the zamindar only for doing personal services to him
The complaint made by the agent that the Vantarlu instead of doing services to the minor Raja and attending on him were doing services to another zamindar is a clear indication that the services mentioned in that order were the personal services to the Raja
Reliance was placed on the statement in the said order did not even give a reply to the message sent to them during the time of the dacoities and disturbances occurred recently asking them to be present before him and contended that the services mentioned therein were the services for the purpose of putting down dacoities and disturbances which were services to the community
The said statement only describes when the notice was sent and not the nature of the services
Even if it described the nature of the services their personal attendance on the Raja during the troubled times could not make them any the less personal services to him
It was also said that the fact that the Collector s interference was sought was indicative of the public nature of the services
The Collector in those days was a person of power and prestige in a district and there was nothing unusual in a zamindar seeking his help in the matter of collecting his dues from recalcitrant serviceholders
exhibit A 5 is an order dated December 11 1829 issued by the Collector of Rajahmundry to the Amin of Jaggampeta estate in pursuance of a petition filed by the Manager of the estate
Assertions similar to those found in exhibit A 4 were made by the Manager of the Estate in the petition filed by him to the Collector which is referred to in exhibit A 5 exhibit A 7 is a petition dated April 24 1830 filed by the Vantarlu of Thalluru village to the Enquiry Collector Rajahmundry
In that petition it was admitted that the Raja granted a land to them assessed to a kist of 310 varahas for their living that they were doing services to the Samastanam that after the death of the Raja his widow told them that she would adopt a boy and that during his minority their services were not required but in view of their past services to her ancestors she would allow them to enjoy the land only on payment of half the assessment
After narrating all the subsequent events the petitioners went on to say  From the time when Lakshminarasayya got the nimebadi  done in that manner we the sharers by obtaining the goodwill of Sri Raja Vatchavayi Venkatapathigaru got the present and were paying 155 varahs to the estate and were in enjoyment of 50 putties of land assessed to a kist of Rs 3101 as vasathi 
This petition also supports the case of the Government that the Vantarlu were doing personal services to the zamindar and that it was the zamindar who gave a remission of assessment in lieu of their services
The fact that Lakshminarasayya dispensed with 188 the services of the Vantarlu during the minority of the adopted son shows that the services were only personal to the zamindar for if they were public services the fact that the zamindar was a minor would be irrelevant
The learned counsel for the appellants contended on the basis of this document that whatever might be the conditions of the grant at the time of its origin before the permanent settlement the zamindar put an end to the services and confirmed the grant subject to the payment of favourable quit rent and therefore the grant squarely fell within the scope of section 4
of the said Regulation XXV of 1802
But this document contains only an assertion on the part of the Vantarlu  and even if that assertion be true it would only show that Lakshminarasayya did not dispense with the services for good but only exempted the Vantarlu from doing the services till the minor zamindar attained majority
exhibit A 16 dated November 9 dated February 27 1832 and exhibit A 18 dated March 8 1833 are similar orders issued by the Collector to the Amin of Jaggampeta
They contain recitals similar to those contained in Exs
A 3 A 4 and A 5
exhibit A 10 is an order dated July 7 1831 issued by the Collector to the Amin of Jaggampeta
Therein when the Manager of the estate resumed the land and gave it to another on the ground that the Vantarlu were not paying the assessments the Collector directed that they should be put back in possession of the said land
But in doing so the Collector did not say that the Zamindar had no right to resume the land but only observed that it did not do any credit to the estate to dispossess Muttadars of the land and grant it to some one else
This document does not throw much light on the question raised before us
Lastly we have the fact that the Government did not take any steps to enfranchise the land
For the default of the Government no doubt the appellants cannot be made to suffer
But that circumstance probablises the contention of the Government that the Muttah was not included in the assets of the zamindari for if included it is not likely that the Government would not have enfranchised it and imposed assessment thereon
Strong reliance was placed on the expressions Vantarlu and manyam found in some of the documents and an argument was made that the said expressions indicated that the services were public services
The expression manyam is found in exhibit
In Wilson s Glossary manyam is defined thus  Land in the south of India held either at a low assessment or altogether free in consideration of services done to the state or community as in the case of the officers
189 and servants of a village  the term is also laxly applied to any free grant or perquisite held in hereditary right by members of a village community
 The expression manyam does not therefore necessarily mean a grant for public services
It is also used in a loose sense to indicate an inam
That apart the word manyam is only found in a Kaifiat of 1818 and in no other ducument it finds a place
Be that as it may such an ambiguous expression in a solitary document which came into existence in 1818 cannot outweigh the other evidence which we have considered in detail
Nor does the expression Vantarlu indicate public servants
It means foot servants it may also be used to denote a sepoy
Whatever may be its meaning the name is not decisive of the nature of the service
A foot servant or a sepoy could certainly do personal service to a zamindar  he might look after his safety
The following facts emerge from a consideration of the docu mentary evidence
The grant was a pre settlement grant
The land was granted to the Vantarlu subject to the payment of favourable rent and also subject to the performance of personal services to the zamindar
The Government either before the permanent settlement or subsequent thereto never claimed a right to resume the same
Indeed it was the zamindar who was giving remissions to the Vantarlu whenever their services were not required
There is a presumption that such a land was not excluded from the assets of the zamindari and the evidence adduced in the case not only does not rebut that presumption but also to some extent supports it
We therefore agree with the Division Bench of the High Court holding that the Vantari Muttah of the appellants was part of the Jaggampeta estate and was therefore covered by the notification issued by the Government under the Estates Abolition Act 1948
In the result the appeal fails and is dismissed with costs of the first respondent
GC Appeal dismissed


Summary:
The appellants and respondents 2 to 5 were owners of Jaggamapeta estate in the East Godavari District of Andhra Pradesh
The Vantari Muttah  a piece of land about 400 acres in area was granted to their predecessor in interest in return for services as vantarlu  or foot setants  long before the permanent settlement
After the passing of the Madras Estates Abolition and Conversion into Ryotwari Act XXVI of 1948 dispute arose whether the land formed part of the Jaggampeta estate for if it did not the Act would not apply to it
After various stages of litigation a Division Bench of the High Court decided against the apellants
They came to this Court with special leave
it was contended on behalf of the appellants that the said Muttah was granted to their predecessor in interesi before the permanent settlement by the then Zamindar for public services subject to a payment of favourable rent that subsequently the services were discontinuedbut the grant was continued subject to the payment of favourable rent that at the time of the permanent settlement the said Mutta was excluded from the assets of the Zamindari and that therefore the said Muttah
was outside the scope of the notification issued by the Government under Madras Act XXVI of 1948
On behalf of the respondent State it was urged that the grant was subject to the payment of the full asses men that the said assessment was paid partly in cash and partly by personal services to the Zamindar that at the time of the Permanent Settlement the said Muttah was included in the assets of the Zamindari and that as it was a part of the Zamindari the Government at the time of the Inam Settlement did not take any steps to enfranchise the same
HELDi Under section 4 of the Regulation XXV of 1802 the Government was empowered to exclude income from lakhiraj lands ie lands exempt from payment of public revenue and of all lands paying only favouable quit rents from the assets of the Zamindari at the time of the Permanent Settlement
If the lands fall squarely within the mid two categories there is a presumption that they we re excluded from the assets of the Zamindari
But if the grant of land was subject to performance of personal services to the Zamindar or subject to the payment of favourable rents and also performance of personal services to the Zamindar there is no such presumption
Indeed the presumption is that in such a case the income from the land was not excluded from the assets of the Zamindari
The reason for the rule is that in one case the personal service are equated with the full assessment and in the other 182 the favourable rent together with the personal services is equated with full assessment
If the Zamindar in one shape or another was getting the full assessment on the lands there was no reason why the Government would have foregone its revenue by excluding such lands from the assets of the Zamindari
185 F Mahaboob Sarafarajewant Sri Raja Parthasarathy Appa Rao Bahadur Zamindari Garu vs The Secretary of State Mad 620 and Secretary of State vs Rejah Vasiredy AIR 1929 Mad 676 referred to
ii The grant in the present case was a pre settlement grant
The land was granted to the Vantarlu subject to the payment of favourable rent and also subject to the performance of personal services to the Zamindar
The Government either before the permanent settlement or subsequent thereto never claimed a right to resume the same
Indeed it was the Zamindar who was giving remissions to the Vantarlu Whenever their services were not required
There is a presumption that such I land was not excluded from the assets of the Zamindari and the evidence adduced in the case not only did not rebut that presumption but also to some extent supported it
The Division Bench of the High Court was therefore right in holding that the Vantari Muttah was part of the estate of the appellants and respondents 2 to 5 and was therefore covered by the notification issued by the Government under the Estates Abolition Act 1948
189 D