AIR 1918 MADRAS 827 ::1917 ILR (40) Mad 410 ::(1917) 40 Ind Cas 909

Madras High Court

Hon'ble Judge(s): Wallis , C.J. AND Ayling, Kumaraswami Sastri , JJ

(A) Land Tenure - Mirasi tenure- Mirasidar's ownership of nattam-User - Presumption-Rights of mirasidars to cultivable waste-Unoccupied nattam is not private property of mirasidars. Per Wallia, C. J.-In the absence of evidence of user there is no general presumption of the mirasidars' ownership of the nattatam, but where user is shown the presumption of ownership readily arises. The preferential right of the mirasidars to cultivable waste is not of itself a sufficient foundation for the general proposition that they are entitled to eject inhabitants of the village from portions of the unoccupied nattam granted to them by Government, though they may be entitled, as incidental to sucn right of preferential" cultivation, to the allotment of sites on the unoccupied nattam, when necessary. Before the advent of British rule and especially under the Mahornedan Government, unoccupied nattam was net generally recognized by Government as the private property of the mirasidars nor has the latter's ownership been established subsequently either by Government recognition or by judicial decisions. (B) Land Tenure - Mirasi Tenure-Grant for house site in nattam poramboke-Grantee is not liable to be ejected-Acquisition of title by prescription is not affected by grant. ....