VATTICHERUKURU VILLAGE PANCHAYAT NORI MADHUSUDAN Vs. NORI VENKATARAMA DEEKSHITHULU:VATTICHERUKURU VILLAGE PANCHAYAT

JUDGEMENT

(1.) Civil nos. 931 of 1977 and 200 of 1978 relate to the same dispute though they arose from two suits and separate judgments. The bench that heard civil no. 931 of 1977 directed on 24/01/1991 to list civil no. 200 of 1978 for common disposal. civil no. 200 of 1978 arose out of O. S. No. 118 of 1968 on the file of the court of Additional Subordinate Judge, Guntur and Appeal No. 259 of 1972 dated 19/06/1975 of the A. P. High court. The suit for possession and mesne profits was laid by the descendants of Nori Lakshmipathi Somayajulu of Vatticherukuru, Guntur Taluq and District, for short 'nls'. The dispute relates to the tank known as 'nori Lakshmipathi Somayajulu's Western Tank' "vooracheruva" (village tank). It consists of 100 acres of which roughly 30 acres is covered by water spread area marked 'a' Schedule. 'b' Schedule consists of 70 acres (silted up area). The tank was dug in Fasli 1190 (1700 AD). Zamindar, Raja Manikya Rao made a grant of the land for digging the tank and its preservation, maintenance and repairs. It is the descendants' case that it is a private tank enjoyed by the 'grantee', NLS as owner and thereafter the descendants and perfected the title by prescription. It was found as a fact by the High court and the descendants are unable to persuade us from the evidence to differ from the findings that the tank is a "public tank" dug by the villagers and ever since and as of right they have been drawing the water from the tank for their use and for the cattle of the village. The descendants' plea and evidence adduced in support thereof that it is their private tank, was negated by both the courts. The trial court found that the tank is a'public trust', the appellants would be hereditary trustees and could be removed only by taking action under S. 77 of the A. P. Hindu Charitable and Religious Institutions and Endowments Act, 1966 for short 'the Endowments Act'. It also held that the descendants acquired title by adverse possession. Accordingly the suit for possession was decreed relegating to file a separate application for mesne profits. On appeal the High court reversed the decree and held that the tank is. a public tank and the tank and the lands stood vested in the Gram Panchayat under A. P. Gram Panchayat Act, 1964 (2 of 1964 for short 'the Act'. Since the Gram Panchayat was in possession from 7/07/1965, though dispossessed the descendants forcibly and as the suit is not under S. 6 of the Specific Relief Act, 1963 but one based on title, it called for no interference. It dismissed the suit. This court granted leave to appeal under Article 136.

(2.) Civil no. 931 of 1977 arose out of the suit for possession in O. S. No. 57 of 1966 on the file of the court of Subordinate Judge at Guntur filed by the Gram Panchayat against. the descendants. The suit was dismissed by the trial court and was confirmed by the High court in A. S. No. 71 of 1973 and the High court granted leave under Article 13 3/12/1976. The pleadings are the same as in the other suit. In addition the descendants further pleaded in the written statement that the Gram Panchayat unlawfully took possession of the tank on 7/07/1965. They also acquired title by grant of ryotwari patta under S. 3 of the A. P. Inams (Abolition and Conversion into Ryotwari) Act (Act 37 of 1956, for short 'the Inams Act'. The Gram Panchayat had no manner of right to interfere with their possession and enjoyment. They also pleaded and adduced evidence that they were leasing out the fishery rights and grass and trees grown on the land. The income was being utilized for the repairs of tank. The trial court and the High court found that the lands were endowed to NLS for the maintenance of the tank and the descendants obtained ryotwari patta under Inams Act and are entitled to remain in possession and enjoyment as owners subject to maintaining the tank. Accordingly the suit was dismissed. On appeal in A. S. No. 71 of 1973 by judgement dated 1/04/1966 the High court confirmed the decree on further finding that by operation of S. 14 of the Inam Act, civil suit was barred. Thus both the appeals are before this court.

(3.) In civil no. 200 of 1978, Shri Sitaramiah, learned senior counsel for the descendants conceded that the descendants of NLS have no exclusive personal right, title or interest in the tank and the appurtenant total land of 100 acres. In view of the entries of the Inams Fair Register for short 'ifr', it is a public trust and not a public tank. Unless recourse is had to remove them from trusteeship under Section 77 of the Endowments Act, the appellants cannot be dispossessed. Since admittedly NLS and the descendants were enjoying the property till date of dispossession, presumption of the continuance of the enjoyment anterior thereto as owners could be drawn. The High court thereby committed error of law in holding that the lands stood vested in the Gram Panchayat under the Act and that it is a public tank. In Civil Appeal No. 931 of 1977, it was further contended that since the grant of ryotwari patta under the Inams Act had become final, S. 14 thereof bars the jurisdiction of the civil court to entertain the suit. Shri B. Kanta Rao, learned counsel for the Gram Panchayat contended that the finding of the High court that the tank and the appurtenant land, namely, the plaint schedule property, as 'public tank', is based on evidence that the tank was dug by the villagers and that they have been using it for their drinking purposes and for the cattle is a finding of fact. By operation of S. 85 and 64 of the Act, the land and the tank stood vested in the Gram Panchayat. Entries in the IFR establishes that the grant of the land was for preservation, maintenance and repairs of the tank. Therefore, the grant should be in favour of the institution, namely, the tank. The pattas obtained by the descendants should be for the benefit of the tank, though granted in individual names. By operation of S. 85 of the Act, the descendants acquired no personal title to the property. Ryotwari patta is only for the purpose of land revenue. The Gram Panchayat acquired absolute right, title and interest in the land. The civil suit is not barred on the facts in this case.