Document Fragment View

Matching Fragments

This position is made clear from the paimash accounts and the subsequent surveys. Mala Thattimal, which till 1919 formed part of Rajagiri village, covered as we said an extent of 26-21 acres. In the Paimash accounts of the year 1829 the area was designated by Nos. 1272 to 1302. In the survey of the year 1886 the area was represented by S.No. 11 of Rajagiri. In the land register of the year 1919, the area was given Nos. 45 to 49 in the newly formed No. 5, Arayapuram Thattimal Padugai Now, coming to Kizha Thattimal, which covered on area of 267-44 acres they were represented Nos. 335 to 614 in the Paimash account of the Taraf Village of Papanasam. In the survey of 1886 the corresponding numbers were S.Nos. 1 to 10 in No. 2, Arayapuram Thattimal Padugai . The position continued to be the same in the survey of 1921. But in the Record of Rights Register, they have been given S.Nos. 1 to 56 in No. 5, Arayapuram Thattimal Padugai.

This position is made clear from the Paimash accounts and the subsequent surveys. Mela Thattimal, which till 1919 formed part of Fajagiri village, covered as we said an extent of 276-21 acreas. In the Paimash accounts of the year 1829 the area was designated by Nos. 1272 to 1302. IN the survey of the year 1886 the area was represented by S.No. 11 of Rajagiri. - In the Land Register of the year 1919 the area was given Nos. 45 to 49 in the newly formed No.5 Arayapuram Thattimal Padugai. Under the Record of Rights Register, the corresponding numbers were S. Nos.57 to 62.
Now coming to Kizha Thattimal, which covered an area of 267-44 acres, they were represented Nos. 335 to 614 in the Paimash account of the Taraf village of Papanasam.
We fail to see how this portion helps the appellants. This portion refers only to Paimash account and subsequent survey of Mela, it records till 1919 it formed part of Rajagiri village. It no doubt records its extent to be of 26.21 acres. The question is as to when this area was measured, that is not recorded in the above passage. The said judgment does not reveal, whether the Paimash account and subsequent surveys referred to therein were of 1862 the year of grant. Unless the reference of the document first is established to be of the year of grant or refers to a fact as existed in the year of grant and that documents refer to the acreages, no inference in favour of the appellants could be drawn. The reference of paimash account or the subsequent survey referred does not indicate it to be of the year in question nor whether it refers to the acreage. There might have been surveys subsequent to the grant giving acreage but that would not help the appellants unless there is some document referred in the judgment of the year in question which fixes the acreage or a document which refers, what was acreage of the area is question in the year of grant, would not help the appellant to exclude the appellants from the purview of the Act No 26 of 1963.

It cannot be based on possibilities, conjecture or inferences on this feeble evidence. The reference of the year 1829, on which great emphasis was made, only refers to paimash account of the area of Mela Thattimal which is shown to have been designated by numbers, namely, 1272 to 1302. The references there are of survey numbers not acreage. Similarly is the position for Kizha Thattimal, the acreage referred there is again not with any paimash account or survey for the relevant year in question. On this basis no inference even remotely could be drawn that the grant or inam of the disputed areas was only in terms of acreage or cawnies or of other local equivalent. In this case we find the Tribunal clearly recorded the finding that reference of acreage in the said judgment in relation with Mela and Kizha could only have been from the compilations subsequent to the period of grant. This is a finding of fact which is confirmed by the High Court. This apart even we examined the same and find there is no evidence which merits interference in favour of the appellants. In T.R. Bhavani Shankar Joshi Vs. Somasundara Moopanar (Supra) this Court while dealing with the Tanjor Palace estate to which we are concerned also was faced with similar situation where evidence was lacking an inference almost to the same effect was drawn on the basis of meagre evidence. This Court recorded: