The Malabar Land Registration Act, 1895

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The Malabar Land Registration Act, 1895 
 

Act 3 of 1896 
 
 
 
 
 
 
 
 

Keyword(s): 
Registration, Proprietors of Estate, Payment of Revenue, Landed Property 
 



434 Na$abcbr Land Registratbn [I896 : T.N. Act 111 

, *- 
. . \[TAMIL NAD U] ACT No. 111 OF 1896.2 

(Received the assent of the avernor on the 22nd January 1 1896, and of the Governor-General on the 21st March : 
1896; t7~e Governor-Geq~eral's assent was $rat A 

publisi~ed in the Port St. George Gazette of the 
31st March 1896.1 I 

An Act to make better provision for the registration 
of proprietors of estate subject to the payment 
of revenue direct to Government S[in certain 
areas in the Nilgiri district .] 

Preamble. WIXEREAS Regulation XXVI of 1802* provides 
that landed property paying revenue to Government 
shall be registered by the Collector ; and whereas such 
landed property 3[in certain areas in the Nilgiri district] 
has in many cases not been registered in the names of 

- the proprietors thereof; and whereas it is desirable 
for tho security of the public revenue to provide a 
summary means whereby the Collector may ascertain 
suoh proprietors ; It is hereby enacted as follows :- 

Short title. I .  (1) TlGs Act may be called the Malabrtr Land 
Registration Act, 1895. 

1 These words were substituted for the word "Madras" by  the 
Tamil Nadu Adaptation of Laws Ordcr, 1969, as amonded by the 
Tamil Nadu Adaptation of Laws (Second Amendment) Order, 1969, 
which came into force on the 14th January 1969. 

2 For Statoment of Objoets and Reasons, see Fort. St. Gewge 
aclzettc Supplement, dated t l ~ e  16th October 1896, p. 3; for Report of 
the Select Committee, see ibid, dated the 19th November 1896, p. 1; 
for Proceedings in Council see &id, dated the  3rd December 1896, 
p. 7 and ibid, dated th. 7th January 1896. p.9. 

3 The words ' 'and certain neighbouring areas in the S t a b  of Mad- 
ras moro substitt;tcd for the words "and the Wynaad" by  section 46 
of tho Mslabnr J?onallcy (Amendment) Act, 1961 (Tamil Nadu Aot 

XXXIJI of 1951) and the words "in certain areas in the Nilgiri 
district" were substituted for the words "in Malabar and certain 2 
neighbouring areas in the Stato of Rfadr&s ' ' by  the Madras Adapt& - 1 
tion of Laws Order, 1057. The above Act came into foroe on the  
16th March 1962. 4 * The Tamil Nsdu Land Rsgistration Regulation, 1802. i 

3: 
B 



1806 : T.N. Aet IQ &ahbar $and ~egbtrat ion 416: 

'[(2) It extends to that portion of the Nilgiri distriob Extent. 
which is known as South-East Wynaad and to the 
Gudtrlur taluk of that district (excluding South-East 
Wynaad) : 

Provided that it shall come into force in the Gudalur 
taluk aforesaid (excluding South-East W y n d )  only 
on the date on which the Malabar Tenancy Act, 1929, 
comes into force in that taluk.] 

2. In this Act, unlm there is something repugnant Inter pretation 
in the subject or context,- clause. 

'<estate9' means any land which is subject "Estate". 
either now or prosl>eotively to separate assessment to 
land-revenue payable direct to Government: 

"regisVn'd" means registered in the public 
registers n~:*O~hed by the Collector in accordance 
with the pr&&m of Regulation XXVI of 1802*. 

3. Wibhin such time as the District Collector may fix Proprietor or 
88 hereinafter provided, any person who is or claims yt_prop;:2: 
to be the proprietor or joint proprietor of an estate and may apply for 
whose name is not already registered, or any other regis?ration 
person having authority to act on his behalf, may ~ i ~ h ' n  s~pOei- 

make application to the District Collector or to an 
6ed time. 

officer empowered by him to receive such application 
for registration as proprietor or joint proprietor of the 
estate. 

4. The District Collector shall fix for each taluk or Colkector to 
such other low1 area as he may deem fit the date fix the date 
before which the proprietors of the estates situated before whloh 

proprietor may 
therein may under the last preceding section apply to apply for1 
have their names registemd, and may at any time dter r:gistration. . 
any date so fixed : 

Provided that such date or altered date shall not be p,,i,, 
iess than two months or more than four months from 
the date of the publication of the same in the 
Distrid Gazette. 
-- 

1 This sub-section waa substituted by the Madras Adaptation of 
Laws Order, 1967 for the original sub-section as amended by the 
Malabsr Tenanoy (Amendment) Act, 1961 (Tamil Nadu Act 
XXXIII of 196l)whioh came into force on the 16th March 1962. 

*The Tamil Nadu Land Registration Regulation, 1802. 



Publication 
of date 
fixed by 
the Collector. 

Irregularity 
in publioation 
not to &eat 
validity of  
proceedings. 

Collector to-j 
ascertain by 
summary 
inquiry tho 
person to be 
registored. 

Collootor 
empowered 
to cause 
survey and 
domaroation 
of estate. 

Registration iq 
the oese of 
estates bdong- 
ing to joint 
proprietors 
or to a 
religious or . 
~hsritable 
tbmdation. 

Malabar Land Registration [1896: T.N. Act III 

5. Every date fbed as provided in the last preceding 
section shall be notified in. the Fort St. George and 
District Gazettes, and by notices to be posted up at  the 
office of the District Collector, at the offices of the 
Revenue Divisional Officer, District Munsif, Tahsildar, 
Deputy Tshsildar and Sub-Registrar of Assurances 
within whose local jurisdiction the local area to which 
the date applies is situated, and at  all police-stations 
and amshom kachahris within such local area; and shall 
also be proclaimed by beat of drum within the local 
area to which the date applies : 

Provided that no irregularity or omission in the 
publication of the notices or in the proclamation 
referred to in this section shall affect the validity of 
any proceedings under this Act. 

6. As soon as oonveniently may be after the date so 
fixed, the Collector shall, on a day and at  a place to be 
previously notified in the District Gazette whether or 
not an application for registration under the preceding 
sections has been made, and whether or not there is 
any dispute as to the entry to be made in the register, 
ascertain and determine by such summary inquiry as he 
thinks fit, in respect of every estate to which the date 
applies, the person who, in his opinion, is entitled 
to be registered as proprietor thereof and shall register 
him accorclingly ; and, if any such estate shall not 
previously have been separately surveyed or demarca- 
tcd, may cause it to be so surveyed or demarcated, or 
both. 

, 7. In the w e  of an estate belonging to joint proprie 
tops who orc members of a joint family or to a religious or 
charibble foundation, the estate shall be registered in 
the name of the w a g i n g  member for the time 
being of such family or of the trustee, manager or 
superintendent for the time being of such foundation. 
as the aJse may be, who shall be described in the regis- 
teras such managing member, trustee, manager or supe- 
rintendent, and such registration shall be as. effectual 
and valid as if made in the nau ,es of all the joint prop~ie- 
tors or of all the persons interested in suoh foundation. 



1896 : T.N. Aet 1111 Makbar Land Registrcction 437 

8. In m y  inquiry under section 6, the CoUeotor shall Procedure 
hem any party to 8 dispute who attends on the day inquiries 
notified or on the day to which the inquiry may be gff:n 6. 
adjounred, and shall receive such evidence as he may 
see fit; and in the case of a dispute he shall record the 
nature of the dispute, his decision thereon, the grounds 
of the decision and such other particulars as he thinks fit. 

9. (1)  If the person registered under section 6 or $$2:$:nthe 
seotion 7 has not made an application under motion 3, to be given 
the Collector shall give him notice of the registration by in certain 
the publication of the fact in the Districrt Gazette and 
also, if his address is known, by letter sent by pod 
registered. 

(2) If any person to whom notice baa been given ~;~;~;~nwhcn 
under this section objects to such registration, he may registered 
apply to the Collector within two months of the dab  of objzcts to the 
4he publication of such notice in the District Gazette or registratior- 

on receipt of within one month of the receipt of the registered letter BUOh 
containing such notice, whichever is later, to have his 
name removed from the register, and the Collector shall 
thereupon consider his objections and shall either 
remove his name from the register or direct its retention 
therein as he may soe fit; in the former case the Collec- 
tor shall proceed under section 6, as if no such registra- 
tion had been made. 

10. Every registration purporting to be made in Registration 
subject to 

accordance with the procedure prescribed by this Act- re+sion by 

(i) may be revised by the Collector on application ~ l ~ ~ ~ t i ~ d  
made within three months, and by Civil Oourt. 

(ii) shall be subject to any decree or order which 
may be passed by any Civil Court of competent jurisdic- 
tion: Provided that in any suit to set aside or modify 
auoh registration or in any appeal in such suit, in 
which suit or appeal an order or decree is passed ex 
p r t e  against the l[Government] or against the collector, 
neither the 2[Government] nor the Collector shall be 
made liable in costs. - 
1 The word "Crown" was substituted for the words ''Secretary of 

Stefe for India in Council " by the Adaptation Order of 1937 a d  the 
~ord"U~vemment"wes substituted for "Crown" by the Adaptation 
Order of 1960. 

8 The word "Crown" was substitubd for the words useid Seore- 
*of State in Council" by the Adaptation Order of 1937 end the 
word" Government" wae nubtitutad for "crown" by the Adapts- 
tion order of 1960. 



438 Malabar Land Registratim [I896 : T.N. Act 111 

Collector to 11. On payment of the prescribed fees, the Collector 
furnish shall furnish to any person who may apply for the same 
copies the copies of the record of every inquiry held under this Act record on 
payment of and of every order and entry made thereunder or 
f w n .  under Regulation XXVI of 1802". 

Saving of 12. Nothing in this Act shall be deemed to affect the 
oertitin provi- provisions of Regulation XXVI of 1802" in respect of 
sions Regn1a- the mutation in the register kept by the Collector tion XXVI 
of 1802. under that Regulation of the name of the proprietor 

registered in accordance with the provisions of this Aot 
when a transfer of the proprietary interest in any 
estate takes place, whether by purchase, inheritance, 
gift or otherwise. 

Rc~gistered pro- 13. Every p m n  registered as proprietor of an 
prietor to be estate shall be deemed to be the landholder in respect 
land holder for of S U O ~  estate within the meaning and for the purpows 
the purposes of the [Tamil Nadu] Revenue Recovery Act I1 of 1864, 
OflrTamilNEdul Rovenuo and no proceedings taken under the said Act againat 
Rrxcovcry Act. 8uch person or against any land registered in his name 

shall be deemed invalid or ineffectual by reason of m y  
error in such registration or on the ground that such 
person was not the real or sole proprietor. 

Joint Regis. 2[14. Notwithstanding anything contained in this 
tration of Act or in Regulation XXVI of 1802," the Collector 
occup~nts  and may, on the application of tho registered proprietor 
propriot3ru 

in of an estate or of any person entitled to ocoupy such 
ccrtais cases. estate, register as occupant jointly with such 

proprietor (i) any person who is entitled s[ I 
to occupy such estate or (ii) any person who is bound 
by a contract with the proprietor or his predecessor in 
title to pay to Governmmt the land revenue assess- 

- 
These words were substituted for the word "Maclr~~~" by the 

Ternil Nadu Adaptation of Laws Order, 1969, as amonded by the 
Tamil Nsdu Adaptation of Laws (Rocontl Amendment) Order, 1969, 
which osme into force on the 14th January 1969. 

a Seotion 14 was substituted for tho original soction by section 2 
of the Malabar LnndReg:stration (Amendmeut) Aot, 1920 (Madras 
AotI of 1920). 

Thewords"by virture of any contract with the pro riotor or his 
predeoeaaor in title" were omittod by soit,ction 46 (iii) ofthe ~ l a l a b a r  
Tenanoy (Amendment) Act, 1951 (Tcmil Nedu Aot XXXIIIof 1951). 
whioh oatno into force on the 16th March 1962. 

* The Tamil Nedu LBnd Regietration Regulation, 1802, 



i 

I 2896 : T.N. Act 111 ] MaZubar Land Registration 43 9 

m a t  on such estate. Provided that before order& 
joint registration ss aforesaid the Collector shau give 

: notice to the proprietor or to the person entitled to 
1 occupy, as the case may be, and coasider his objections. 
t '(Every joint registration made under this section 

shall remain in force so long as the occupancy 
continues)]. 

16. In every case in which an occupant of estate Recovery of 
Ilks been registered under the last preceding section and ~ ~ : u ~ ~ m  
an arrear of revenue has accrued due in respect of such ,coupante 
estate subsequent to such registration, the Collector jointly regis 
may take proceedings in the Brat instance againat such E:si$t$, 
occupant under the provisions of the 2(Tamil Nadu) 
Revenue Wpower ~ c t  I1 of 1864, in so far as they relate 
to the seizure;at&lIement and sale of movable property 
or of the crops or ungathered products of land on which 

- an arrear is due : 

Provided that nothing herein contained shall debar Provisos. 
the proprietor from recovering by. suit from suoh 
occupant the m e a r  of revenue or portion thereof 
whioh, owing to tihe default of such oocupant, has been 
paid by, or recovered from, him : 

Provided further that nothing contained in this 
1 seotion shall be deemed to affect the power of the 

Collector to recover from the registered proprietor of 
such estate under any or all of the provisions of the said 
Act any arrear of revenue which may be due on such 

[ estate or on any other estate registered in the name 
1 of such prbprietor. 

16. Except is otherwise provided by this Act, no Jurisdiction of [ civil Court shall have jurisdiction in any matter :::id. Courts 

which the Collector is empowered by or under this A& --- 
I Tho words wit,llin brtrokets won) substituted for the word~ "The 

Collector shall stat0 in his ordor tho period for which suoh joint 
i 

registration shall be in foroe, which period shall not extend beyond 
the date of the tor~nination of the contract referred to in this seotion" 
by section 2 of the Malabar Lend Registration (Amendment) Aot, 
1934 (Madras Act Act 11 of 1936). 

2 These words were substituted for the word "Madrss" by the 
rail Nadu Adaptation of Laws Order, 1969, acl amended by the 
T* Nadu Adaptation of Laws (Seoond dmendment) Order, 1969, 
w b h  m e  into force on the 14th Janueq LBO@. 



440 Malabar Land Registration [I896 : T.N. Act 111 1 . ( 

to dispose of or shall take'oognizance of the manner in 
which the Collector exercises any powem vested in him 
by or under this Ad.  

Peymont of 17. All costs of any inquiry or prooeeding held before, 
ooats. or any survey or demarcation directed by, the Cdec- 

tor under this Aot shall be payable by the parties 
ooncerned, and the Collector may pass such orders as he 
shall think-fit in respeot of the payment of suoh costs; 
md in the event of suoh costs nob being paid on demand 
may recover the amount thereof' in the ssme rmnner ae 
if i t  were aa arrear of land-revenue, and pay the sum 
so recovered to the person entitled to reoeive it. c* 

) 
Order of 
District 

18. Notwithstanding anything contained in Regu- 
Colleator lations I and I1 of 1803*, l[ 3 no ~ P W  
find. shall lie to the Board of Revenue from any order made 

by the District Collector underthig .Bob. - - 

ssving obuae. 19. Subject to the provisions of section 13, nothing 
aontained in this Act and nothing -done in accordance 
with this Act shall be deemed to- 

(a) preclude the Government or any person from 
bringing rt regular suit for possession of, or for a deola- 
ration of right to, any immovable property to which Y ,% 

the Government or such person may deem itself, or 
himself entitled ; or 

f . b 

(b) render a registration under this Act an admis- 
sion on the part of the Government of the right of the 
person in whose name such estate may be registered or 
an admission of the validity of the title under which 
the estate is held ; or 

(c) affect the rights of the Government or of any 
person in respect of any estate or of any interest 
therein. 

The words "of the Madres Code" wen, omitted by motion 4 of, 
and the Third Sohedule to, the Tsmil Nadu Repeeling end Amen- 
ding Aot, 1957 (Tamil Nadu Aot XXV of 1057). 

3 
* The Tamil Nadu Boerd of Revenue Regulation, 1803 and the 

Tam il N d u  Cc,lleotorsReguletion, 1803. 



20. The Board of Revenue may, after previous The ~~~d of 
publication, make subsidiary rules for the carrying Revenue may 
out of the purposes of this A&, and may prescribe the make rules* 
fees, if any, to be paid for the service of summonses 
issued under '(Tamil Nadu Act) PI1 05 1869% in connec- 
tion with inquiries and proceedings under this Ad .  

21. The s[State Government] may, by notScation, Power to 
suspend the operation of this Act in any specSedsus~end 

operation portion of the districts to which it applies, and may, of 
by ~ubsequent notification, bring it again into opera- 
tion. 

'122. The s(State Government) may, by notifim- ~ ~ l ~ ~ ~ ~ i ~ ~  of 
tion, empower any officer to exercise all or any of the powers. 
powers of a Collector under this Act]. 

1 Thie expmion wee eubetituted for the expreeeion "Madras 
Aat " by the Tamil Nadu Adaptation of Lawe Order, 1970, which 
was deemed to have oome into foroe on the 14th January 1969. 

8 The Tamil Nadu Revenue Summonses Aot, 1869. 

The worda h v i n o i d  %vernment " were eubstitutad for 
the worde " Looel 6lov~rnrnent by the Adaptation Order of 1937 
and the word " State " W- substituted for " Provincial '* by the 
Adaptation Order of 1950. 

4 Seotion 22 warn added by ee0ti0n 3 of Madme Act 1 of 1920.