Section 10 in Tamil Nadu Estates (Abolition and Conversion Into Ryotwari) Act, 1948
10. Determination of date on which under-tenure estate was created.
(1)The landholder of an under-tenure estate or any other person interested may, within three months from the notified date, or such further time [not exceeding two months] [Inserted by section 3(ii) of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari), Estates Land (Reduction of Rent) and Estates (Supplementary) (Amendment) Act, 1958 (Tamil Nadu Act XXXIV of 1958).] as the appropriate Settlement Officer may, in his discretion allow, apply to him for a decision as to whether such estate was created before or after the date on which the principal estate was permanently settled:[Provided that in respect of an estate notified before the date of commencement of section 3 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari), Estates Land (Reduction of Rent) and Estates (Supplementary) (Amendment) Act, 1958, the period of two months aforesaid shall be computed from the date of such commencement.] [This proviso was added by section 3(ii) by the Tamil Nadu Estates (Abolition and Conversion into Ryotwari), Estates Land (Reduction of Rent) and Estates (Supplementary) (Amendment) Act, 1958 (Tamil Nadu Act XXXIV of 1958).](2)The Settlement Officer shall then hear the parties and afford to them a reasonable opportunity of adducing all such evidence either oral or documentary as they may desire to, examine all such documents as he has reason to believe are in the possession of the Government and have a bearing on the claims before him and give his decision in writing.(3)[ (a) Against a decision of the Settlement Officer under sub-section (2), the Government may, within one year from the commencement of the [Tamil Nadu] [Substituted for original sub-section (3) of section 10 by section 5 of the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) (Amendment) Act, 1954 (Tamil Nadu Act XXXIV of 1954).] Estates (Abolition and Conversion into Ryotwari) Amendment Act, 1954, or from the date of the decision, whichever is later, and any person aggrieved by such decision may, within two months from the said date, appeal to the Tribunal:Provided that the Tribunal may, in its discretion, allow further time not exceeding six months for the filing of any such appeal.(b)The decision of the Tribunal on any such appeal shall be final and not liable to be questioned in any Court of Law.](4)Unless the Settlement Officer, or where there is an appeal, the Tribunal decides that an under-tenure estate was created before the date on which the principal estate was permanently settled, it shall be regarded for the purposes of this Act as having been created after that date.(5)Where the principal estate is a temporarily settled zamindari or an unsettled palaiyam or jagir, all references to the date of the permanent settlement of the principal estate in the foregoing provisions shall be construed as references -(a)in the case of a temporarily settled zamindari, to the date of its temporary settlement; and(b)in the case of an unsettled palaiyam or jagir, to the 13th day of July 1802.
