PULAVARTHI VENKATA SUBBA RAO Vs. VALLURI JAGANNADHA RAO

JUDGEMENT

(1.) THE following Judgment of the court was delivered by :

(2.) THIS appeal on certificate granted by the High court of Andhra Pradesh, is directed against its judgment dated 6/04/1955, dismissing Civil Revision Petition No. 656 of 1950. The High court held that the respondents were agriculturists within the Madras Agriculturists Relief Act, 1938 (called for brevity 'the Act') and were entitled to a scaling down of the decree in O. S. No. 52 of 1941, dated 27/08/1945. The decree- holders are the appellants before us. We will now give the facts relevant to the present appeal.

(3.) THE peshkash, which was payable for the two villages when they were in the name of jagannadha Rao I, was Rs. 979-3-0 (vide exh. I. A. dated 6.10.1879). After the death of Shrivatsankara Rao in 1936, the two villages were separately Registered. Pedamamidipalli was registered in the name of Narasimha Rao and Kalagampudi in the name of his sons. THE peshkash was then apportioned between the two villages and Rs. 483-12-10 was fixed as peshkash for Pedamamidipalli village and Rs. 495-6-2, for Kalagampudi village. This is stated in the proceedings of the Collector, West Godavari, (exh. A 4), dated 24/04/1940.