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september 1965

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.

ALURU KONDAYYA AND ORS. vs SINGARAJU RAMA RAO AND ORS. · Niyam