R.E.M.S. ABDUL HAMEED versus GOVINDARAJU AND ORS.

Citation: [1999] 2 S.C.R. 1010 · Decided: 04-05-1999 · Supreme Court of India · Bench: AJAY PRAKASH MISRA · Disposal: Dismissed
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Judgment (excerpt)

A 
R.E.M.S. ABDUL HAMEED 
v. 
GOVINDARAJU AND ORS. 
MAY 4, 1999 
B 
.. 
[A.P. MISRA AND R.C. LAHOTI, JJ.] 
Tenancy and Land Laws: 
T.N. Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 
C (Act 26 of 1963), Sections 2(9), 2(11) Explanations 1(a) and 1(b)-T.N. 
Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 
1963), Section 2(9)-Lands whose grant was expressed only in terms of 
acreage or cawines do not constitute a "Part village inam estate" and are 
excludedfrom the operation of Act 26of1963-Such land is a "minor inam" 
D under Section 2(9) of Act 30 of 1963-Intention of the legislature was to 
encompass all inam estates within the fold of Act 26 of 1963 and if an 
exception was made, the exclusion has to be made keeping in view the 
intention of the legislature-Exclusion cannot be read by ipse dixit but only 
through clear unimpeachable evidence-High Court rightly upheld the 
findings of the Tribunal that on the basis of records, the grant of the disputed 
E lands could not be said to be only in terms of acreage-As the grant land 
consisting of two separate and distinct areas formed apart of two separate 
and identifiable villages, the said areas could not be a "part village inam 
estate" covered by the definition in Section 2(11) of Act 26 of 1963-Tamil 
Nadu Inams (Supplementary) Act, 1963 (Act 31 of 1963), Section 5-Tamil 
F 
Nadu Inams (Supplementary) Rules, 1965, Rule 5. 
T.N. lnam Estates (Abolition and Conversion into Ryotwari) Act, 1963 
(Act 26 of 1963), Sections 2(9), 2(11) Explanations 1(a) and 1(b)-T.N. 
/nam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 
1963), Section 2(9)-Legislative development on inams and estates traced-
G T.N. Jnams Act, 1869 (Act 8 of 1869)-T.N. Regulations, _1802 and 1822-
T.N. Land Recovery Act, 1908 (Act 1 of 1908)-T.N. Estates Land (Third 
Amendment) Act, 1936 (Act 18 of 1936). 
T.N. Jnam Estates (Abolition and Conversion into Ryotwari) Act, 1963 
(Act 26 of 1963), Section 2(11) Explanation 1(b)-"Minor inams"-The 
H significance of Explanation 1(b) .lies in that all inam estates are covered 
1010 
R.E.M.S. ABDUL HAMEED v. GOVINDARAJU 
1011 
under Act 26 of 1963 and all such estates stand transferred and vested in A 
the State-All preceding enactments in respect of inam estates have been 
repealed except to extent of E'Cplanation l(b)-This residual inam is carried 
over and read as "minor inam" under Section 2(9) of Act 30 of 1963-
Therefore, the land excluded by Explanation 1 (b) is not covered by Act 26 
of 1963 but is covered by Act 30 of 1963. 
Ancient Hindu law-Beneficial interest in land-Under the ancient 
Hindu system there were two beneficial interests in land, namely (1) that of 
B 
the sovereign or his representative, and (2) that of the cultivator (or Ryot) 
holding the land-The cultivator's right arose from occupation of the land-
Thus the grant of an inam did not and could not have touched the cultivator's 
right in the land, except in rare case where the grantor also held the C 
cultivator's interest at the time of the grant. 
Words and Phrases-Words "estate", "part", "part village inam estate" 
and "minor inam "-Meaning of-In the context of T.N. Inam Estates (Abolition 
and Conversion into Ryotwari) Act, 1963 (Act 26of1963); T.N. Inam Estates 
(Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963). 
D 
Evidence Act, 1872-Sections 61 & 63-Prior judgment as secondary 
evidence-Secondary evidence in respect to a grant of land-Jn absence of 
primary evidence regarding such grant, secondary evidence gathered from 
an earlier judgment of the High Court about the same land on a different 
question and between different parties. 
E 
Interpretation of Statutes-Basic Rules-Determination of legislative 
intent-History of the land reform legislations concerning inam estates-
Intention of these legislation was to encompass all inam estates within its 
fold-Small exclusion made in case of "minor inams"-The exclusion has to 
be read keeping in view the intention of the legislation-Madras Inam F 
Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 
1963), Sections 2(9), 2(11) Explanations l(a) and l(b)-T.N. Minor Jnams 
(Abolition and Conversion into Ryotwari) Act, 1963 (Act 30 of 1963), Section 
2(9). 
The respondents filed a petition under Section 5 of the Tamil Nadu G 
lnams (supplementary) Act, 1963 (Act 31 of 1963) for a declaration that the 
two areas. (Mela and Kizha) in a vil
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