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of <h1>Court rules suit lands as private, denying defendant occupancy rights pre-Estates Land Act.</h1> <h3>Maganti Veerabhadrayya Versus Sree Rajah Bommadevara Naganna Nayudu Bahadur Zamindar Garu and Ors.</h3> The court held that the suit lands were private lands (kamatam) of the Zamindar and not ryoti lands, allowing the 1st defendant no rights of occupancy. ... - Issues Involved:1. Whether the suit lands are the private lands (kamatam) of the Zamindar or ryoti lands in which the 1st defendant can acquire rights of occupancy.2. If the lands are ryoti, whether the 1st defendant was admitted to possession as a ryot and in what character he took possession.Issue-wise Detailed Analysis:1. Whether the suit lands are the private lands (kamatam) of the Zamindar or ryoti lands in which the 1st defendant can acquire rights of occupancy:The main question is whether at the time the defendant was put in possession of the lands they were ryoti lands or the private or kamatam lands of the Zamindar. The 1st defendant's claim to permanent right of occupancy is based on Clause 1, Section 6 of the Estates Land Act, which applies to 'ryoti land not being old waste.' Private land is excluded from ryoti land by its definition in Section 3, Clause (16). It was argued that though these lands were originally ryoti, they had been converted into kamatam lands before the Act was passed. The court agreed that the Zamindar was at liberty to convert ryoti lands into kamatam lands before the Act and that the lands were kamatam both at the time of the Act and when the 1st defendant was given possession. Thus, the appeal was dismissed with costs.The plaintiffs, the Zamindars of North Vallur, sought a declaration that the suit lands are their private lands and that the 1st defendant has no occupancy rights. They also sought possession of the lands and mesne profits. The 1st defendant resisted, claiming the lands are ryoti lands and that he was admitted as a ryot from the commencement of Fasli 1327. The learned Subordinate Judge found the lands to be kamatam and that the 1st defendant took possession as the Zamindar's agent.The documentary evidence established that the lands were originally ryoti but were subsequently converted into kamatam. The court found that there was no legal bar before the Estates Land Act preventing the Zamindar from converting ryoti land into kamatam land. Section 185 of the Act, which deals with the method of proof, does not enact any rule of substantive law and does not prevent such conversion. Section 8(3) was interpreted as not having a retrospective effect, meaning it does not preclude conversion of ryoti land into private land before the Act.The court examined documents from 1878 to 1895, showing that the lands were mostly under the direct cultivation of the Zamindar, satisfying the test laid down by Sir John Wallis, C.J., in Zamindar of Chellapalli v. Somayya. The conversion of the lands began before 1878 and was completed by 1881-82. The court concluded that there was an effective conversion of the suit lands into private lands.2. If the lands are ryoti, whether the 1st defendant was admitted to possession as a ryot and in what character he took possession:The court examined documents subsequent to 1898 to determine if the lands, which were kamatam on that date, preserved that character or became ryoti again. The evidence showed that the lands continued to be treated as private lands, with leases explicitly stating that the lands were kamatam and that lessees had no jeroyiti rights. The court concluded that the lands remained private lands when the 1st defendant obtained possession in 1917.The oral evidence on direct cultivation by the Zamindar was contradictory and less reliable than the documentary evidence, which clearly established the plaintiffs' case. The court held that the suit lands, originally ryoti, had been converted into private lands before the Estates Land Act and continued to be treated as such until 1917. Therefore, the 1st defendant could not acquire occupancy rights.The appeal was dismissed with costs, and the memorandum of objections was also dismissed with costs.
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