Supreme Court of India · 1965-09-20
ALURU KONDAYYA AND ORS. vs SINGARAJU RAMA RAO AND ORS.
- Citation / case number
- SC 1961/263
- Court
- Supreme Court of India
- Petitioner
- ALURU KONDAYYA AND ORS.
- Respondent
- SINGARAJU RAMA RAO AND ORS.
- Bench
- SHAH, J.C.
Judgment text excerpt
The Supreme Court held that under Section 3(2)(d) of the Madras Estates Land Act, 1908, as amended, a grant expressed to be of a named village raises a presumption that the area is an estate, irrespective of whether certain lands are excluded from the grant. The Court clarified that the burden of proof lies on the party contesting the presumption, and not on the tenants to prove their occupancy rights. The Court ruled in favor of the tenants, affirming their occupancy rights despite inconclusive evidence regarding the nature of the grant.