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PETITIONER: BUDDU SATYANARAYANA AND OTHERS
Vs.
RESPONDENT: KONDURU VENKATAPAYYA AND OTHERS.
DATE OF JUDGMENT: 26/02/1953
BENCH: DAS, SUDHI RANJAN BENCH: DAS, SUDHI RANJAN MAHAJAN, MEHR CHAND
CITATION: 1953 AIR 195 1953 SCR 1001 CITATOR INFO : R 1965 SC 516 (10,12)
ACT: Inam grant Presumption of lost grant When arises Whether grant is of melwaram only or land itself Construction of grant-Suit for ejectment Rights of archakas.
HEADNOTE: Though a presumption of an origin in some lawful title may in certain circumstances be made to support possessory rights long and quietly enjoyed where no actual proof of title is forthcoming, that presumption cannot be made where there is sufficient evidence and convincing proof of the nature of the grant and of the persons to whom it was made. In the case of an inam grant, the mere fact that the amount shown in the In am Register as the assessment was the same as the amount shown in the Inam Statement under the heading "income from the inam" does not lead to an inference that the grant comprised only the melvaram rights and not the land itself. Though in a proceeding for framing a scheme relating to a temple it may be permissible to take into account the claims, moral though not legal, of the archakas and to make some provision to protect their interest, such considerations are out of pla...