PINNINTI KISTAMMA Vs. DUVVADO PARSURAM CHOWDARY

JUDGEMENT

(1.) These two batches of appeals are directed against the judgment and decree dated 27-3-1997 passed by the High Court of Andhra Pradesh at Hyderabad in Second Appeal No. 361 of 1996 and batch and Second Appeal No. 374 of 1996 and batch and also against the judgment and order dated 10-9-1997 of the same High Court in Review Petition No. 6980 of 1997 and batch whereby the High Court modified its earlier order dated 27-3-1997.

(2.) The appellants in CAs Nos. 6900-06 of 2001 (hereinafter called "the tenants"), filed OS No. 43 of 1980 and batch (seven suits) claiming tenancy rights in respect of 19.80 acres of land in Kambirigam Village and also prayed for permanent injunction restraining the respondents in CAs Nos. 6900-06 of 2001, who are also the appellants in CAs Nos. 6907-46 of 2001 (hereinafter called as "the landlords") from interfering with their possession over the said land. The landlords also filed cross suits being OS No. 75 of 1980 and batch (13 suits) praying for injunction restraining the tenants from interfering with the peaceful possession of an extent of land measuring 181 acres which also included the aforementioned 19.80 acres.

(3.) The case of the tenants in their suits was that the plaint schedule lands formed a part of the pre-settlement unenfranchised inams in Kambirigam Mokhasa in the erstwhile Tarla Estate, Tekkali Taluk. They had been cultivating the plaint schedule lands as tenants from time immemorial under inamdars, predecessors-in-interest of landlords by paying rajbhagam paddy to them. In 1804, the British Government granted "sanad" to Tarla Estate wherein Kambirigam was described as a jagir which was an estate within the meaning of Section 3 of the Estates Land Act, 1908. However, no patta was granted to the landlords or their predecessors-in-interest. Therefore, according to the tenants, the rights of the landlords in respect of the lands in question vested in the Government by virtue of the Madras Estates (Abolition and Conversion into Ryotwari) Act of 1948 (for short "the Estates Abolition Act").