TaxTMI 
TaxTMI 
TaxTMI 
1996 (1) TMI 487
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....ure is devoid of power under the Act to set at naught the effect of the grant of ryotwari patta to the archakas, service holders or employees covered under the Act by a legislative side-wind. It is their case that by grant of ryotwari patta in favour of the aforesaid persons, they became absolute owners of the property. The legislature, therefore, is devoid of competence to make the law, employing no obstinate clause, to take away their vested rights without compensation. Shri P.P. Rao, learned senior counsel for the State, contended that since the legislature abolished hereditary rights of archakas, service holders or other employees and introduced payment of salary for them, the legislature is competent to enact Section 76 and Explanation II to the definition of endowment' Under Section 2(22), divesting their title and vesting the same in the endowment or institution as the case may be. 2. Section 2(22) of the Act defines religious endowment thus : Section 2(22) - 'religious endowments' means property (including movable property), and religious offerings whether in cash or kind, given or endowed for the support of a religious institution or given or endowed for the....
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....transfer and a ryotwari patta in respect of such land shall be deemed to have been granted in favour of the institution or endowment concerned and thereafter the person in possession of such land shall be deemed as an encroacher and the provisions in Section 84 and 85 and shall apply. (2) No ryotwari patta holder in respect of the aforesaid land shall transfer any such land and no person shall acquire any such land either by purchase, gift, lease, mortgage, exchange or otherwise. (3) Any transfer or acquisition made in contravention of the provisions in Sub-section (1) or Sub-section (2) shall be deemed to be null and void. (4) The provisions of Section shall apply to any transaction of the nature referred to in Sub-section (2) in execution of a decree or order of a civil court or any order or any other authority. 4. Section 76, as amplified by its marginal note indicates prohibition of transfer of land granted for rendering service to a religious or charitable institution or endowment. Sub-section (1) adumbrates that where, before or after the commencement of the Act any person has been granted a ryotwari patta in respect of any inam land to a service holder or other employ....
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....ision is available in Telangana area of Andhra Pradesh. Section 2(c) defines "Inam Lands" to mean any land in respect of which the grant in inam has been made, confirmed or recognised by the government etc. Section 2(e) defines institution' to mean a religious or charitable or an educational institution. Section 3 authorises the Tehsildar either suo motu or on an application to determine the nature of the lands, after enquiring (i) whether a particular land in his jurisdiction is an inam land; (ii) whether such land is in ryotwari, zamindari or inam village; (iii) whether such land is held by any institution. The procedure in that behalf has been provided in Sub-sections (2) and (3) of Section 3 and the aggrieved person or institution has been given right of appeal under Sub-section (4) against the decision of the Tehsildar to the Revenue Court within prescribed limitation therefore. Under Sub-section (5) the decision of the Revenue Court shall be final. The decision of the Tehsildar or Revenue Court is required to be published in the District Gazette under Sub-section (6) and also in any other prescribed manner. The decision of the Tehsildar and the Revenue Court shall be bind....
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....aggrieved by the grant of a ryotw.ari patta by the Tahsildar under Sub-section (1) may appeal to the Revenue Court within sixty days from the date of such grant, and the revenue Court may, after giving the parties to the appeal a reasonable opportunity of being heard pass such orders on the appeals as it thinks fit. (3) The decision of the Revenue Court under Sub-section (2), and where no appeal is filed, the decision of the Tehsildar under Sub-section (1), shall be final. (4) Where the Revenue Court declares under Sub-section (2) that a person or an institution different from the person or institution to whom a Tahsildar has granted a ryotwari patta under Sub-section (1) is entitled to a ryotwari patta the Tahsildar shall cancel the ryotwari patta granted by him and grant a fresh ryotwari patta in accordance with the decision of the Revenue Court under Sub-section (2). (5) In the case of inam lands held by the inamdar other than an institution in an inam village, if an application is filed under Sub-section (2) of Section 5 within the period specified in that sub-Section, no tenant or inamdar shall be granted a ryotwari patta under Sub-section (1) until the decision of the R....
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....the provisions of the Inams Abolition Act are a complete code in itself providing determination of the land whether held by the institution or the individual and declaration thereof, entitlement to ryotwari patta by the individuals or institution who hold the land and the grant of ryotwari patta Under Section 7 shall become final unless the same is revised Under Section 14A of the Act. The inam ceases to have effect from the date of grant of ryotwari patta. The conferment of ryotwari patta creates a vested right to the property held either by the institution or the individual to the extent of 2/3 and 1/3 respectively with absolute right, title and interest in the land. The tenant in occupation is also entitled to heritable occupancy rights with right to alienate, exchange, gift etc. Thereafter, the pre-existing rights and liabilities of inam ceased. 10. In Boppudi punniah and Ors. v. Sri Lakshmi Narsimhaswamy Vant and Ors. (1963) 2 A.W.R. 214, the applicability of the Act to service inams held by office holders enjoying the inams and the right to grant of ryotwari patta had fallen for consideration. The Division Bench, after an exhaustive review of the Act, held that service inams....
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.... not covered by said ryotwari patta or shall not be transferred or shall be deemed never to have been transferred thereunder and would treat such persons as encroachers? It is seen that the Inam Abolition Act is a complete code in itself and gives over-riding effect to any law inconsistent therewith creating vested rights over the former inam lands which ceased to exist on the grant of ryotwari patta. Being a ryotwari land held by a tenant, an archaka, a service holder or other employee after grant of ryotwari patta, holds the land with absolute right to the extent of 1/3 land as an independent and absolute owner. The pre-existing relationship, in relation to the land stood terminated and direct relationship with the Government was created by imposition of ryotwari assessment. Section 12 fastens the liability to pay ryotwari settlement to the Government. Thereby, the whole of inam service existing prior to the grant of ryotwari patta ceased to have any statutory effect. The liability to render service ceased. Thereby independently, the service holder became entitled to hold the land in his own right as a holder of land held by him with absolute right, title and interest in the said....
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....tion of a tenant from any building in slum area. The procedure in that behalf had been provided. Chapter IIIA of the Delhi Rent (Control) Act was enacted. Section 14A, 25A, 25B and 25C were brought on statute. Section 14A with non obstante clause, empowered the landlord to require his own building for residential accommodation when he was asked to vacate the land allotted by the Government. The question arose: which of the two provisions occupying the same field, would prevail? At page 433, this Court held that speaking generally, the object and purpose of a legislation assume greater relevance, if the language of the law is obscure for resolving inter se conflicts. Another test may also be applied, though the persuasive force of such a test is one of the factors which combine to give a similar meaning to the language Of the law. The test is that the latter enactment must prevail over the earlier one in the case of conflict. Accordingly, it was held that when two or more laws operate on the same field and each contains a non obstante clause, case of conflicts has to be decided with reference to the object and purpose of the law under consideration. In that case, the landlord who wa....