Salem Municipality vs P.Kumar .

It was claimed by the plaintiff that his predecessor in title, continued in possession of the land when the Act called the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948 (in short “the Act of 1948”) came into force. The Act was published on 19.4.1949. Sections 1,2,4,5,7,8 58-A,62,67 68 came into force on 19.4.1949, as provided under Section 1(4) of the Act of 1948. The State Government enforced the other Sections on the appointed date i.e. 19.12.1950. Thereafter, the entire Pallapatti village vested in the State as notified under the 3 Act of 1948. Pursuant thereto, the possession of the entire village was taken over by the Government, which included the disputed land also, vide possession receipt dated 12.1.1951.

It transpires that late Vijayaranga Mudaliar had applied for a grant of Ryotwari Patta under section 11 of the Act of 1948. The prayer was rejected on the ground that land was not ryoti land and it was recorded as community land. Thereafter, settlement in the area was undertaken and was finally notified in the Gazette dated 21.12.1963. Thereafter, P.C. Pachiappan applied under section 11 of the Act of 1948 for grant of Ryotwari patta of the newly carved out Survey No.163 corresponding to old survey No. 779. Prayer for grant of Ryotwari patta of the disputed land was rejected vide order 5.11.1968 passed in DOS 739/68 (F-2) by Assistant Settlement Officers KDIS No. 737/1968. As recorded in the survey land 4 register, Exhibit B-2, prepared in the survey and settlement in 1959, the total area of the land 163 = 779 was 24.62 acres, recorded as Achuvan Eri (lake). Hence, it could not have been allotted.

A second application for ryotwari patta moved by Pachiappan was rejected as per government Order dated 11.5.1971. Review application was filed by Pachiappan. It was also rejected vide order dated 7.5.1973 on the ground that records of rights made it apparent that disputed land formed part of ‘Achuvaneri' which is IV class irrigation source with wet ayacut registered under it and that it is retained as the tank in the interest of ayacutdars under it. It was also observed that the entire area comes into submergence and the land in question forms part of the irrigation tank.

By virtue of the various leases granted to S.Vijayaranga Mudaliar, he became entitled to obtain ryotwari patta under Section 11 of the Act of 1948. Plaintiff entered into an agreement to purchase the suit property in 1951 which culminated into a sale on 29.9.1952. The suit property never formed part of the communal land of Achuvan Eri or its tank bund. Further, the extent of the Achuvan Eri as per the records is only 15.00 acres. The Plaintiff had remained in actual possession and enjoyment of suit property. In the year 1982, Forest Department attempted to commit a trespass in the suit property and put up a nursery. The plaintiff objected and obtained the stay orders from the Government of Tamil Nadu against trespass. The Forest Department withdrew 7 and was restrained from further work. The plaintiff also filed applications for grant of ryotwari patta in his favour and his predecessor in interest since 1940 onwards had prescribed his title by virtue of adverse possession also.

After the restoration of the suit of 1985, three suits were decided vide common judgment and decree dated 27.4.2000 passed by the Trial Court, Additional District Munsif of Salem. The suit was decreed on 27.4.2000. The appeals were allowed by the First Appellate Court i.e., First Additional District Court, Salem vide judgment and decree dated 30.1.2004. Aggrieved thereby, three-second appeals, which were preferred have been allowed by the impugned judgment and decree thereby restoring 8 that of the Trial Court.

In Writ Petition No.5642/1992 he prayed that respondent may be directed to consider an application for grant of ryotwari patta. However, both the writ petitions were dismissed as withdrawn. Earlier writ petition filed in 1984 6 was also dismissed with liberty to file a civil suit.

Provided that the Government shall not dispossess any person of any land in the estate in respect of which they consider that he is prima facie entitled to a ryotwari patta-

(ii) if such person is a landholder pending the decision of the Settlement Officer and the Tribunal on appeal, if any, to it, as to whether he is actually entitled to such patta;

Provided that no person who has been admitted into possession of any land by as landholder on or after the 1st day of July 1945 shall, except where the Government, after an examination of all the circumstances otherwise direct, be entitled to a ryotwari patta in respect of such land.

It was urged before us on behalf of the appellant that suit was barred by limitation by virtue of provisions contained in Article 58 of the Limitation Act 1963. The suit was required to be filed within three years. We need not go into the question. We have found on merits that absolutely no case is made out in favour of the plaintiff. Thus, he was not at all entitled for any relief.

Provided that any lawful transferee 35 of the right to the title to such land of building shall be entitled to all the rights this Act of his transferor.

Thus, we have no hesitation in setting aside the judgment and decree passed by the High Court and restoring that of the First Appellate Court. All the three suits stand dismissed. As there was multiplication of various proceedings and three suits were filed, we impose cost of Rupees One Lakh upon the plaintiff/respondent to be deposited with the Welfare Fund of Supreme Court Advocate-on-Record Association within two 38 months and receipt be filed in the Registry. The appeals are allowed.