Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Section 3 (b) of Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905,
  • provisions of Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905,
  • Section 2 of the Madras Act III of 1905. Madras Act III of 1905
  • Section 6 of the Tamil Nadu Land Encroachments Act, 1905,
  • clauses (a) to (e) of sub section (1) of Section 2,
  • provisions of Madras Land Encroachment Act,
  • Section 3 (b) of Madras Act XXVI of 1948
  • Section 6 of the Land Encroachment Act,
  • Madras Land Encroachment Act, 1905.
  • Section 2 of Madras Act III 1905
  • Section 2 of Madras Act III
  • Land Encroachment Act, 1905,
  • Land Encroachment Act,
  • Section 3 (b),
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Case Number
Attorney(S)
Judges
Acts
  • Section 3 (b) of Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905,
  • provisions of Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905,
  • Section 2 of the Madras Act III of 1905. Madras Act III of 1905
  • Section 6 of the Tamil Nadu Land Encroachments Act, 1905,
  • clauses (a) to (e) of sub section (1) of Section 2,
  • provisions of Madras Land Encroachment Act,
  • Section 3 (b) of Madras Act XXVI of 1948
  • Section 6 of the Land Encroachment Act,
  • Madras Land Encroachment Act, 1905.
  • Section 2 of Madras Act III 1905
  • Section 2 of Madras Act III
  • Land Encroachment Act, 1905,
  • Land Encroachment Act,
  • Section 3 (b),
Smart Summary

Structured Summary of the Provided Legal Opinion

Factual and Procedural Background

The plaintiffs (now appellants) filed a suit restraining the second defendant, the Tahsildar, from proceeding with a notice issued under Section 6 of the Tamil Nadu Land Encroachments Act, 1905 (Ex.A.14 / Ex.B.7). The trial court decreed the suit in favour of the plaintiffs. On first appeal the decree was reversed and the suit was dismissed. The plaintiffs challenged that dismissal by filing the present second appeal.

The plaintiffs' case rests on purchase documents and chains of title: a registered sale deed dated 05.01.1971 (Ex.A.4) for 54 cents in S.No.234/3 and 12 cents in S.No.234/15; a sale deed dated 21.12.1972 (Ex.A.5) for 34 cents in S.No.234/3; and another sale deed dated 12.09.1975 (Ex.A.1) for 0.7 cents in S.No.234/3. The chain of earlier transactions includes a 12.09.1934 sale (Ex.A.8) by Manicka Mudaliar and Govindasamy Mudaliar to Marimuthu Ammal, who then sold to Arumuga Nadar (Ex.A.7 dated 05.07.1947), and Arumuga Nadar sold 54 cents in S.No.234/3 to the plaintiffs on 05.01.1971.

The plaintiffs claim continuous enjoyment and possession, and assert title (including adverse possession) through themselves and predecessors in title. The plaintiffs have marked documents in evidence and examined four witnesses. The defendants contend that the lands are classified as Gramanatham poramboke but allege that the plaintiffs used the lands for agricultural purposes (not as house sites), thereby converting their character and making the plaintiffs encroachers; consequently the defendants issued a notice under Section 6 of the Land Encroachment Act alleging encroachment of 0.25 acres out of 5.18 acres in S.No.234/3. Officials called by the defendants (D.W.1 and D.W.2) admitted the lands are Gramanatham but said powers under the Act were invoked because of the change in user (to agriculture).

Legal Issues Presented

  1. Whether a notice issued under Section 6 of the Land Encroachment Act, 1905, is maintainable against lands that are classified as Gramanatham (village house-sites) when the lands have not been re-classified away from Gramanatham.
  2. Whether the plaintiffs (and their predecessors in title) have acquired title by adverse possession as a result of continuous and uninterrupted possession for the relevant statutory period.
  3. Whether the absence of a patta in favour of the plaintiffs defeats their claim to title or ownership in respect of lands classified as Gramanatham.

Arguments of the Parties

Appellants' (Plaintiffs') Arguments

  • The plaintiffs and their predecessors in title purchased the properties under registered sale deeds and other documents (Ex.A.1, Ex.A.4, Ex.A.5, Ex.A.7, Ex.A.8) and have been in continuous, uninterrupted possession.
  • The lands are Gramanatham poramboke and, as such, do not vest in the Government; consequently the issuance of notice under Section 6 of the Land Encroachment Act against these lands is unwarranted.
  • The plaintiffs have enjoyed the lands for more than 60 years and have thus acquired title by adverse possession.
  • Absence of a patta is immaterial where land is classified as Gramanatham, because the law does not require issuance of patta for such lands.

Respondents' (Defendants') Arguments

  • The lands, though classified as Gramanatham, were being used by the plaintiffs for agricultural purposes rather than as house sites; this change of user, they contend, removes the character of Gramanatham and makes the plaintiffs encroachers.
  • On that basis the respondents issued a notice under Section 6 of the Land Encroachment Act alleging an encroachment of 0.25 acres.
  • The first appellate court noted the plaintiffs did not produce documents showing that a patta had been issued in their favour (referring to Exs.A10–A13), and treated the absence of patta as adverse to the plaintiffs' claim.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
S. Rengaraja Iyengar & another v. Achikannu Ammal & another, 1959 (II) MLJ 513 Holds that house-sites generally called Gramanatham are not property of the Government under Madras Act III of 1905; the vesting provisions of Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948 (Section 3(b)) must be read in consonance with the exceptions for house-sites; use of a site for incidental purposes does not change its character as house-site/Gramanatham. Used to establish that a site classified as Gramanatham does not vest in Government and that incidental different uses (e.g., storing hay, agriculture, brick-kiln activities) do not alter the character of Gramanatham.
A.K. Thillaivanam & another v. The District Collector, Chengai Anna District at Kancheepuram & others, 1998-3-L.W.603 Affirms that where land is classified as village Natham/Gramanatham no portion vests with the Government; conversion of a portion into agricultural land does not give respondents rights over it; continuous possession for prescribed period supports title by adverse possession. Relied upon to support the proposition that plaintiffs and predecessors in possession since 1934 could claim title by adverse possession and that conversion to agriculture does not entitle respondents to take action.
Executive Officer, Kadathur Town Panchayat, Harur Taluk, Dharmapuri District v. V. Swaminathan & others, 2004 (3) CTC 270 Reiterates that once land is classified as Gramanatham it does not vest with Government or Town Panchayat; summary eviction and cancellation of pattas is not sustainable where disputed title exists and possession has been continuous. Followed by the court to reinforce the settled law that Gramanatham classification prevents vesting in Government and that the respondents' exercise of powers to evict or cancel pattas in such circumstances is unsustainable.

Court's Reasoning and Analysis

The court conducted a sequential analysis grounded in evidentiary findings and settled legal principles as follows:

  1. Findings of Fact: The trial court had found, on appreciation of documents and witness testimony, that the plaintiffs and their predecessors had been in continuous and uninterrupted possession of the suit property since at least 1934 and had enjoyed the land for more than 60 years. The trial court concluded that title had been acquired by adverse possession.
  2. Assessment of Defendants' Case: The defendants' case primarily rested on two contentions — (a) that the plaintiffs converted Gramanatham house-sites into agricultural use and thereby lost the character of Gramanatham, and (b) that the plaintiffs had not proved issuance of patta in their favour (relying on Exs.A10–A13). The first appellate court accepted the objections appearing in Ex.B.10 and Ex.B.11 (adangal extracts) and also remarked on absence of patta.
  3. Legal Principle on Gramanatham: The court recalled and relied on a line of binding precedents (including S. Rengaraja Iyengar, A.K. Thillaivanam, and Executive Officer, Kadathur Town Panchayat) establishing that once land is classified as Gramanatham (village house-sites) it does not vest in the Government or Town Panchayat, and merely using a portion for agricultural or incidental purposes does not change that character.
  4. Patta Irrelevance in Gramanatham: Based on the settled law, the court held there was no question of issuing patta for lands classified as Gramanatham; therefore the first appellate judge's reliance on absence of patta (Exs.A10–A13) had no legal basis in this context.
  5. Temporal Relevance of Adangal Entries: The court observed that the adangal extracts relied upon by the first appellate judge (Ex.B.10 and Ex.B.11) relate to a period after 1989, whereas the plaintiffs' chain of possession and enjoyment dates back to 1934; this temporal disparity undermined the appellate court's reliance on those entries to overturn the trial court's factual findings.
  6. Application to Section 6 Notice: Because the suit property remained classified as Gramanatham and there had been no re-classification, the court concluded that enforcing the provisions of the Madras Land Encroachment Act by issuing notice under Section 6 against the property was unwarranted and outside the powers of the respondents. This supported the trial court's injunction against the Tahsildar's action.
  7. Conclusion: On these combined factual and legal grounds, the court set aside the first appellate court's judgment, confirmed the trial court's decree in favour of the plaintiffs, and allowed the second appeal.

Holding and Implications

Holding: The Second Appeal is allowed; the judgment and decree of the learned First Appellate Judge is set aside and the decree of the trial court is confirmed. The parties shall bear their respective costs.

Implications:

  • Direct effect on the parties: The plaintiffs' decree obtained in the trial court is restored and the notice issued under Section 6 of the Land Encroachment Act against the suit property (which remains classified as Gramanatham) cannot be enforced by the respondents; the plaintiffs' title by adverse possession is upheld on the facts and documents before the court.
  • On legal principle: The court applied and followed existing precedents holding that lands classified as Gramanatham do not vest in the Government and that mere change of user (for agricultural or incidental purposes) does not deprive a site of its Gramanatham character; the opinion does not purport to create a new precedent but reinforces established law.

Order references and recipients included in the original opinion (Subordinate Judge, District Munsif, Collector, Tahsildar) are recorded in the opinion but are procedural notifications rather than substantive findings.

    Ellammal v. State Of Tamil Nadu

    The plaintiffs are appellants. The suit filed by the plaintiffs against the second defendant, Tahsildar, restraining him from proceeding further with the notice issued, under Section 6 of the Tamil Nadu Land Encroachments Act, 1905, marked as Ex.A.14, corresponding to Ex.B.7. The said suit was decreed by the trial court. However, the first appellate court has reversed the same by dismissing the suit, as against which, the plaintiffs have filed the present suit.

    2. The suit was filed by the plaintiffs, on the basis of purchase from various documents, namely, registered sale deed, executed on 05.01.1971, marked as Ex.A.4, in respect of 54 cents in S.No.234/3 and 12 cents in S.No.234/15. In the sale deed, dated 21.12.1972, marked as Ex.A.5, in respect of 34 cents in S.No.234/3, apart from another sale deed, executed on 12.09.1975, marked as Ex.A.1, in respect of S.No.234/3, relating to 0.7 cents of lands. The case of the plaintiffs is that the said property, which included a larger extent of 12.8 acres, in Nandhiyalam Village, Walajah Taluk, N.A.A.Dt, comprised in S.No.234/3, which was categorised as Gramanatham, originally belonged to Manicka Mudaliar and Govindasamy Mudaliar, sons of Kumarasamy Mudaliar. It is seen that under sale deed, executed by them on 12.09.1934, marked as Ex.A.8, the said Manicka Mudaliar and Govindasmay Mudaliar have sold the said lands, in favour of Marimuthu Ammal, who in turn has sold under Ex.A.7, sale deed, dated 05.07.1947 to Arumuga Nadar, that was the sale deed, in respect of 54 cents in S.No.234/3, apart from other land. It is the said Arumuga Nadar, who is said to have sold the said 54 cents in S.No.234/3 to the plaintiffs on 05.01.1971.

    3. Thus, according to the plaintiffs, all the properties were purchased by themselves and their predecessors in title and they have been in continuous enjoyment and possession. The plaintiffs are claiming to be the legal heirs of Sanjeevi Pandithar, who was the sole plaintiff in the suit, who was made as 3rd respondent in the appeal, since his whereabouts were not known for more than the statutory period. On the side of the plaintiffs, the said documents have been marked, apart from examining 4 witnesses. However, it has been the case of the defendants, that while admittedly, the lands have been classified as Gramanatham Poromboke, but the plaintiffs are not using the property as house sites, but using the same for agricultural purposes and therefore, the property can no more remain as Gramanatham and on that basis, the plaintiffs have been deemed to be the encroachers and by invoking the powers under the Land Encroachment Act, 1905, notice under Section 6 was issued to point out that from the total extent of 5.18 acres in S.No.234/3, the plaintiff was stated to have encroached an extent of 0.25 acres, by using agricultural operation. The said notice also states the nature of the property as Gramanatham. D.W.1 and D.W.2, who are the officials of respondents examined as witnesses have also admitted that these properties are Gramanatham, but their defence is that they were forced to invoke the powers, under the Land Encroachment Act, on the basis that the plaintiffs have started using it for other purposes, namely, agricultural operation.

    4. The trial court on the appreciation of the entire facts and evidence, while granting decree in favour of the plaintiffs, has clearly found that the predecessors in title of the plaintiffs and subsequent purchase by the plaintiffs under respective documents, the plaintiffs have been in possession of the property continuously without interruption. While, dealing with the claim of the defendants that since the housing sites have been used for agricultural operations, the plaintiffs are liable to vacate and hand over the possession, the trial court has found that when the property is admitted to be a Gramanatham poramboke, the same does not vest with the Government at any point of time and also relying upon Exs.B.10 and B.11, wherein it is stated as house and sites, has ultimately come to the conclusion that the plaintiffs have enjoyed for more than 60 years and therefore, they have acquired title by adverse possession. In fact, the trial court has also concluded on the basis that the defendants, who have stated that the plaintiffs are using for agricultural purpose from 1973 onwards, have not only raised the objection, except in the year 1983, by issuing notice under Section 6 of the Land Encroachment Act, under Ex.A.14 and it was specifically found on fact rejecting the contention raised on behalf of the defendants that B-Memo have been served on the plaintiffs and also relying upon the evidence of D.W.1 and D.W.2 that they were not aware, as to the extent of land in possession and occupation of the plaintiffs. On the other hand, the learned first appellate judge, while reversing the judgment, has mainly decided the issue on the basis of Ex.B.10 and Ex.B.11, whereby the respondents have objected the using of the site by the plaintiffs for agricultural operations and therefore, the plaintiffs are liable to vacate and hand over the possession.

    5. A perusal of the judgment of the first appellate court shows that the appellate court held that the plaintiffs have not produced any documents to show that patta has been issued in their favour, by referring to Exs.A10, A11, A12 and A13, stating that the said documents, which are land receipts, does not indicate the patta number.

    6. While admittedly, the lands in dispute are Gramanatham poramboke, there was no question of issuing patta, since the law is well settled on the issue, namely that when once the land is classified as Gramanatham, it ceases to vest with the Government and therefore, question of issuing patta to such Gramanatham does not arise. In the present case, it is not even the case of the defendants that due to the use of this lands, for different purposes, there was a re-classification by making the lands not to be Gramanatham. While so, the decision arrived at by the learned first appellate judge, on the basis that the plaintiffs have not proved under Exs.A.10 to A.13 that the patta has not been granted in their favour, has no legal basis whatsoever.

    7. It is not even the case of the defendants that the lands which are classified as Gramanatham, do vest with the Government, and the occupiers have no right to sell the same to third party. A reference to the pleadings by the defendants shows that no where the defendants have raised objection to the various documents, by which the predecessors in title of the plaintiff have purchased the property, namely, under Exs.A4, A7, A8, including Ex.A.1. It is only on the basis that no patta was granted in favour of the plaintiffs, as well as predecessors in title, the defendants took the stand that neither the plaintiff, nor the predecessors in title were in ownership of the property and therefore, the claim of the plaintiffs, based on the document not sustainable. As I have stated, it is not even the case of the defendants that such sales are prohibited in respect of Gramanatham and in such circumstances, as correctly found by the learned trial judge, the plaintiffs and his predecessors have been in continuous possession and in uninterrupted enjoyment for more than 60 years and therefore, obtained title by adverse possession.

    8. As correctly pointed out by the learned counsel for the appellant, legal position in respect of Gramanatham is clear by several judgments of this court, of which, the first judgment was rendered in S.Rengaraja Iyengar and another v. Achikannu Ammal and another reported in 1959(II) MLJ 513. It was in that case, while dealing with provisions under Section 3 (b) of Madras Estates (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905, this court has held that the house sites owned by a person, which is generally called as Gramanatham is not covered under the Madras Land Encroachment Act, 1905. This court has distinguished the vesting of the rights over the lands, covered under the Madras Act XXVI of 1948, established under Section 3 (b), wherein there is a transfer in favour of the Government, where as in respect of house sites, owned by a person as Gramanatham, which is notified under Section 3 of the Act, the Government ceases to have any power over the said lands, since, the house sites in Gramanatham cannot be treated as ryotwari, as per the meaning of the Madras Estates (Abolition and Conversion in to Ryotwari), 1948. The operative portion of the judgment of this court in this regard is as follows :

    " The learned Subordinate Judge held that under Section 3 (b), the land to which this appeal relates became transferred to the Government and that the title of the plaintiffs' vendors got extinguished. I do not consider that the view can be supported. A house-site owned by a person is what is generally known as gramanatham is not, under Madras Act III of 1905, property of the Government. Section 2 of Madras Act III 1905 says, in regard to lands, which are not covered by clauses (a) to (e) of sub section (1) of Section 2, that those lands are and are herby declared to be the property of the Government, save in so far as they are temple-site or owned as house-site or backyard. In order that a land may properly be described as house-site, within the meaning of that expression in Section 2 of Madras Act III of 1905, it is not necessary that there should be a residential building actually constructed and standing on that site. A person may in a village habitation own a house in a street and a site on the outskirts of the habitation but within the limits of the gramanatham, which he uses for the purpose of storing his hay and manure, if he is an agriculturist, or as a smith, if he is a smith, or as a brick-kiln if he is a brick-maker or as a place for weaving if he is a weaver. On such sites, buildings or sheds are constructed or not such sites are, in my opinion, house-sites within the meaning of that expression in Section 2 of the Madras Act III of 1905. Madras Act III of 1905 is made applicable to an estate, when it is notified under Madras XXVI of 1948. The provision as to vesting under Section 3 (b) of Madras Act XXVI of 1948 should be read so as to be in consonance with the provisions regarding the applicability of the enactments relating to ryotwari areas, which are expressly made applicable to estates notified under the Act."

    A reading of the said judgment, shows that when once a site is classified as Gramanatham, even if a portion of the said site is used for different purpose like agriculture, or a person, who is in possession of Gramanatham, using a portion of the land for the purpose of storing hay and manure or in the case of smith, using for brick-kiln etc, in fact, holding that the incidental purpose for which the Gramanatham or housing site can be used cannot taken away the character of Gramanatham as such. This judgment was subsequently followed by this court with clear affirmation and has rendered in A.K.Thillaivanam and another v. The District Collector, Chengai Anna District at Kancheepuram and others reported in 1998-3-L.W.603. That was also the case involving Gramanatham and the possession was admitted from 1954 onwards, on the basis of which, this Court has held that the party, who is in possession of Gramanatham continuously for more than a prescribed period could claim title by adverse possession. In fact, this Court has also, while categorically holding that when once the land is classified as village natham, no portion of the said land vests with the Government, even, if a portion of the land is converted in to an agricultural land. The relevant portion of the Judgment of this Court is as follows :

    " 19. That apart, it has been admitted in the counter affidavit that the land is a village Natham. The village Natham is a land which never vested with the respondents and they have no right to it. Admittedly, when the land has been classified as village Natham, it is obvious that no portion of the land vests with the respondents. The admitted classification is village Natham and merely because the petitioners have converted the same into agricultural lands, no right could accrue to the respondents even after conversion."

    9. The said judgments was followed by the Division Bench in its recent decision rendered in The Executive Officer, Kadathur Town Panchayat, Harur Taluk, Dharmapuri District v. V.Swaminathan and others, reported in 2004 (3) CTC 270. While dealing with the provisions of Madras Estate (Abolition and Conversion into Ryotwari) Act, 1948, and also Madras Land Encroachment Act, 1905, following the earlier judgments of this Court, as stated above, the Hon'ble Division Bench of this Court, ultimately has held that law is well settled that when once a land is classified as Gramanatham, it is obvious that no portion of the said land will ever vest with the Government or Town Panchayat. The operative portion of the judgment of the Division Bench is as follows :

    " 12. Further, 'Grama Natham' is defined in the Law Lexicon as "ground set apart on which the house of village may be built." Similarly, Natham land is described in Tamil lexicon published under the authority of University of Madras to the effect that is a residential portion of village; or portion of a village inhabited by the non-Brahmins; or land reserved as house sites; etc.

    13. In the light of the above and in view of the fact that the admitted classification of the land being a 'Grama Natham', it is obvious that the land was never vested with the Government or the Town Panchayat. Inasmuch as the petitioners and their ancestors were in exclusive possession of the lands in question for the past 40 years, the impugned order of the third respondent in cancelling the pattas with a view to evict them summarily at the instance of the resolution passed by the Panchayat is not sustainable. Further, such a summary eviction is not permissible in law, when the disputed question of title is involved for adjudications as laid down by the Apex Court in number of decisions."

    10. In view of the above categoric legal position, that when once a land is classified as Gramanathan, it never vest with the Government, I do not think that the decision of the learned First Appellate Judge, that simply because a portion of the said land has been used for a different purpose, namely, agricultural purpose, placing reliance on Ex.B.10 and Ex.B11, Adangal, a different decision can be arrived at, especially when admittedly, the land remains as Gramanatham, even as on date and undergone no re-classification. It is also relevant to point out, as correctly referred to by the learned trial judge, it is only after 1989, the respondent themselves have started objecting against the different user. Even the adangal extract, which is relied upon by the learned First Appellate Judge, namely, Ex.B.10 and Ex.B.11, relate to subsequent period, after 1989, while, it is the case of the plaintiffs, as proved by the document that the predecessors in title have been in enjoyment with title from 1934 onwards. In such circumstances, there is absolutely no difficulty to come to the conclusion that the enforcing of the provisions of Madras Land Encroachment Act, by issuing notice under Section 6, in respect of the suit property, which as on date, remains a Gramanatham, is unwarranted and outside the purview of the powers of the respondents, as correctly found by the learned trial judge.

    11. In view of the above facts and circumstances of the case and established legal position, the judgment and decree of the learned First Appellate Judge is liable to be set aside and accordingly, the same is set aside, confirming the decree passed by the trial court. The Second Appeal stands allowed. The parties shall bear their respective costs.

    tsvn To

    1. The Subordinate Judge Ranipet.

    2. The District Munsif Ranipet.

    3. The Collector North Arcot District, Sathuvachari, Vellore 9.

    4. The Tahsildar of Walajah Taluk Walajahpet, N.A.A.District.

    [PRV/9884]

    Use AI to get other relevant cases.

    Comments

    Ellammal v. State Of Tamil Nadu
    (Mar 7, 2007)