Case: Sunkavilli Suranna And Others Vs. Goli Sathiraju And Others

inference that fresh pattas and muchilikas were not in recognition of the previous rights. It is pertinent to note that in the records of the zamindar all the muchilikas in respect of the lands bore No. 12, during the life time of Thammiah and after his death they bore No. 23. The circumstance that the same area of land remained in the occupation continuously of the family of Thammiah under Exts. D-1 to D-8 for a period exceeding 25 years also lends support to the plea of the plaintiff. It is true that by his notice Ext. D-7 zamindar called upon Ramanna and Chetamma to vacate the kumatam (which term is translated by the learned counsel for the respondent as home-farm) lands of the extent of 51 acres 72 cents. But by the year 1905 it was well known that legislation of the nature, which was ultimately enacted as the Madras Estates Land Act, l908, was on the legislative anvil and no reliance can be placed upon the statements made in the notice which does not appear to have been followed by proceedings, for enforcement of the claim to possession. It is common ground that on January 16, l906, the zamindar issued in favour of Chetamma and Ramanna a patta in respect of the same lands for an annual rental of Rs. 578-4-0, rent having been enhanced in respect of Sr. Nos. 46 and 358 only.16. The High Court placed strong reliance upon the circumstances that in all the muchilikas and pattas the lands were described as "jeroyati lands" and the tenants were described as "jeroyati ryots". The High Court observed that "jeroyati ryot" was a well-known term indicating prima facie possession of occupancy rights. However, the state of the authorities in the Madras High Court to which our attention has been invited does not justify us in expressing any definite opinion on that plea. In Zamindar of Bodokimidy v. B. Bhimayya, AIR 1927 Mad 76 Curgenven, J. held that the phrase on jirayati tenure is only used where occupancy rights exist. But beyond the bare statement in the judgment that the phrase" on jirayati tenure "being, so far as my experience goes, only used where occupancy rights exist", there is no further elaboration in the judgment. In Lingayya Ayyavaru v. K. Gangiah, AIR 1928 Mad -58 Wallace J., without referring to the earlier judgement of Curgenven J., observed that the term "jeroyatidar" did not imply that the executant was an occupancy ryot. Here also no reasons appear to have been given in support of the view. In D. Tatayya v. K. Venkatasubharaya Sastri, AIR 1928 Mad 786 Devadoss J. in the course of hearing an appeal called for a finding from the trial court as to the meaning of the word "jeroyiti" as used in the Vuyyur Zamindari and as to the meaning of the expression "savaram jeroyiti" used in documents in that estate. The Subordinate Judge recorded evidence on the question referred to him, and observed after referring to Browns Dictionary and Wilsons Glossary, that the word jeroyiti land" may mean cultivable or arable land", but it was only the context that must decide which meaning was to be given to the word. He also observed that the word "jeroyiti especially when prefixed to the word "right or hakku had come to mean "rights of occupancy". This report of the Subordinate Judge, it appears, was accented by the High Court. These are the only decisions of the Madras High Court to which our attention was invited. The task of this Court, in ascertaining the special meaning which an expression used in the revenue administration and by the residents of a certain area has acquired, is indeed difficult. If the expression jeerayot" is a local variation of "Zeerait" used in the revenue administration, especially in Northern India, it may mean "assessed" land. or "agricultural" land. On the materials placed, we are unable to express any definite opinion on this part of the case of the plaintiff.17. To summarise, there is no evidence to show that occupation of the lands by Thammiah commenced under the zamindar and there is no evidence as to the terms on which Thammiah or his predecessors were inducted on the lands: the commencement of the tenancy and the terms thereof are lost in antiquity, but Thammiah and his descendants are proved to have continued in possession of land uninterruptedly till the enactment of the Madras Estates Land Act, 1908. In the light of the presumption that the zamindar is unless the contrary is proved, the owner of the melvaram and the ryot the owner of the kudivaram the inference is irresistible that Thammiah was the holder of the occupancy rights in the lands and that these rights devolved upon his successors and that the occupancy rights in the lands were not acquired by virtue of the provisions of Madras Act VI of 1908.18. Before parting with the case, a minor question relating to mesne profits awarded to the plaintiff and defendants 31 and 32 must be mentioned. By his plaint the plaintiff claimed mesne profits in respect of his share for three years prior to the date of the suit. He valued the claim for mesne profits at Rs. 3,800-past profits on plaintiffs 1/3rd share for two years 1940 and 1941 at Rs. 2,280 and past mesne profits on plaintiffs 1/3rd share for the year 1942 at Rs. 1,520. The trial court dismissed the plaintiffs suit as to his share in property described in Schedule B. The High Court in awarding a third share to the plaintiff and another third share to defendants 31 and 32 collectively also awarded past mesne profits from the 18th of March, 1935, i.e., the date of the death of Bhavamma, along with future mesne profits regarding the shares in the B and C Schedules properties. But the High Court could not award mesne profits prior to August, 1940 which had never been claimed by the plaintiff in the suit.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]We lands are within a permanently settled zamindari under Madras Regulation XXV of 1802, and it is common ground that Thammiah was cultivating the entire area of the lands during his life time. There is no evidence indicating that his possession was ever disturbed during his life-time. There is again no evidence about the commencement of the occupation of Thammiah or his predecessors; commencement of their occupation is therefore lost in antiquity. The lands are described in the various documents, to which we will presently refer, as "jeeroyati lands" Thammiah as "jeeroyati ryot", and after his death his daughters-in-law and grandson Ramanna were similarlyevidence does not justify the inference that Thammiah was inducted on the land by Ext. D-1. There is even no evidence that the land was acquired from the zamindar by the members of Thammiahs family, or that the ancestors of Thammiah were not on the land before the zamindari rights accrued to the zamindar. It is also not disputed that lands in zamindaris in the Madras Presidency were held in occupancy right by many ryots even before the Madras Estates Lands Act, 1908 wasright to occupy land under the revenue system prevailing in Madras may arise by reason of the customs in the district in which they are situate. In any event, there is no presumption that the holder of the land under a zamindar is a tenant at will. In each case the rights of the ryot have to be ascertained in the light of the factsdo not think that this is a permissible approach.The presumption which arises in a suit by a zamindar against a ryot for possession of the latters holding, rests not on the narrow ground of burden that whoever alleges title and claims relief an that footing must establish it; the presumption has its roots in the system of land tenure and in the custom of the area in which the lands are situate, and applies in a suit between persons claiming under the ryot, as well as in a suit against the ryot by thesuch a covenant is by itself not sufficient to justify the inference that the ryots tenure was precarious. It appears that since the decision of the Madras High Court in Chockalinga Pillai v. Vythealinga Pundara Sunnady, 6 Mad HCR 164, that neither the Rent Recovery Act, nor the regulations operated to extend a tenancy beyond the period secured by the express or implied terms of the contract creating it, the zamindars were accustomed to take muchilikas or other writings from their ryots admitting, notwithstanding the true nature of their rights, that their tenure was restricted, orwould be unreasonable, therefore, to attach any undue importance to the recitals of the nature contained in Exts. D-1, D-2 andis true that if there were some reliable or substantial evidence to show that the tenancy had commenced after the zamindari rights accrued or that otherwise the tenant"s right was restricted, the value to be attached to the recitals of the nature set out may be greater; but there are no circumstances in this case lending strength to the recitals contained in Exts. D-1, D-2 andwe have no doubt that the Maharaja of Pittapur, the zamindar, never intended in the least to take away the B Schedule lands from Tammayyas heirs and give them to Venkamma and Chittamma who were not heirs and we hold that he renewed the patta in favour of these two widows, as they were considered by him to be representing Tammayyas estate, being his widowed daughters-in-law." In our view, this in the circumstances of the case, is a correctis no evidence on the record that besides the lands mentioned in Schedule B there was any other agricultural land of which Thammiah was possessed and which had devolved upon Rudriah and Ramanna. It is admittedly out of the property of Thammiah which had devolved upon Rudriah and Ramanna that maintenance was agreed to be given, and if Thammiah was not possessed of any property other than the lands in Schedule B, Ext. P-1 must lend strong support to the inference that the lands in Schedule B were regarded at the date of the maintenance deed as belonging to the estate of Thammiah out of which Venkamma was entitled to maintenance. The assumption that the property had devolved upon Rudriah and Ramanna is evidently not true. So long as the daughters or any of them were alive, they were, according to the Hindu law applicable to the Madras Presidency, owners, though for their lifetime only, of the estate left by Thammiah. Ext. P-1 does therefore lend support to the case of the plaintiff that the property was regarded as belonging to the family in which all persons who were living in the house of Thammiah, including the two daughters-in-law had interest. After maintenance was provided to Venkamma by Ext. P-1 her name was omitted from the muchilikas and the pattas subsequently executed. Pattas D-6 and D-8 are, as we have already stated, in favour of Chetamma andHigh Court has held that this enhancement of rent of the two lands Nos 315 and 358 was presumably because the lands were irrigated, and, having regard to the circumstances, we think the inference of the High Court is correct. Enhancement of rent of the lands from time to time does not lend support to the inference that fresh pattas and muchilikas were not in recognition of the previous rights. It is pertinent to note that in the records of the zamindar all the muchilikas in respect of the lands bore No. 12, during the life time of Thammiah and after his death they bore No. 23. The circumstance that the same area of land remained in the occupation continuously of the family of Thammiah under Exts. D-1 to D-8 for a period exceeding 25 years also lends support to the plea of the plaintiff. It is true that by his notice Ext. D-7 zamindar called upon Ramanna and Chetamma to vacate the kumatam (which term is translated by the learned counsel for the respondent as home-farm) lands of the extent of 51 acres 72 cents. But by the year 1905 it was well known that legislation of the nature, which was ultimately enacted as the Madras Estates Land Act, l908, was on the legislative anvil and no reliance can be placed upon the statements made in the notice which does not appear to have been followed by proceedings, for enforcement of the claim to possession. It is common ground that on January 16, l906, the zamindar issued in favour of Chetamma and Ramanna a patta in respect of the same lands for an annual rental of Rs. 578-4-0, rent having been enhanced in respect of Sr. Nos. 46 and 358the materials placed, we are unable to express any definite opinion on this part of the case of the plaintiff.17. To summarise, there is no evidence to show that occupation of the lands by Thammiah commenced under the zamindar and there is no evidence as to the terms on which Thammiah or his predecessors were inducted on the lands: the commencement of the tenancy and the terms thereof are lost in antiquity, but Thammiah and his descendants are proved to have continued in possession of land uninterruptedly till the enactment of the Madras Estates Land Act, 1908. In the light of the presumption that the zamindar is unless the contrary is proved, the owner of the melvaram and the ryot the owner of the kudivaram the inference is irresistible that Thammiah was the holder of the occupancy rights in the lands and that these rights devolved upon his successors and that the occupancy rights in the lands were not acquired by virtue of the provisions of Madras Act VI of 1908.18. Before parting with the case, a minor question relating to mesne profits awarded to the plaintiff and defendants 31 and 32 must be mentioned. By his plaint the plaintiff claimed mesne profits in respect of his share for three years prior to the date of the suit. He valued the claim for mesne profits at Rs. 3,800-past profits on plaintiffs 1/3rd share for two years 1940 and 1941 at Rs. 2,280 and past mesne profits on plaintiffs 1/3rd share for the year 1942 at Rs. 1,520. The trial court dismissed the plaintiffs suit as to his share in property described in Schedule B. The High Court in awarding a third share to the plaintiff and another third share to defendants 31 and 32 collectively also awarded past mesne profits from the 18th of March, 1935, i.e., the date of the death of Bhavamma, along with future mesne profits regarding the shares in the B and C Schedules properties. But the High Court could not award mesne profits prior to August, 1940 which had never been claimed by the plaintiff in the