GANDI RAMAMURTHY Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This appeal by special leave raises the question. whether the land described as "Vantari Muttah" in Talluru village was included in the assets of Jaggampeta A and D Zamindari estates, in Peddapuram taluk, East Godavari District, Andhra Pradesh, at the time of the Permanent Settlement.

(2.) The undisputed facts may be briefly narrated. The said Muttah comprises an area of 50 puttis, i.e., about 400 acres, and five tanks are situate therein. The said Muttah was granted to the predecessor-in-interest of the appellants and respondents 2 to 5 long before the Permanent Settlement in consideration of payment of Kattubadi of a sum of Rs. 620. At the time of Inam Settlement, it was not enfranchised by the Government. After the Madras Estates (Abolition and Conversion into Ryotwari) Act XXV1 of 1948 was passed on September 22, 1952, by a notification issued there under, the Government took over the Jaggampeta Estate. In April 1953, when the appellants and respondents 2 to 5 tried to effect repairs to the tanks, the village munsif of Talluru under instructions from the 1st respondent, obstructed them from doing so. Thereupon, the appellants filed O. S. No. 269 of 1953 in the Court of the District Munsif Peddapuram, against the State of Andhra and others for a declaration that the 1st respondent had no right to the said tanks and for an injunction restraining it and its subordinates from interfering with their rights in the said tanks The 1st respondent resisted the suit inter alia on two grounds, namely, (i) the entire Vantari Muttah was included in the, assets of the said estate of Jaggampeta at the time of the Permanent Settlement, and (ii) in any view, under the grant, the predecessor-in-interest of the appellants and respondents 2 to 5 was given only the land and not the tanks therein. The learned District Munsif upheld the claim of the appellants to the said tanks and decreed the suit. On appeal, the learned Subordinate Judge, Kakinada, held that the said land was included in the assets of the Zamindari at the time of the Permanent Settlement and, on that finding he dismissed the suit. On further appeal, Kumarayya, J. of the Andhra Pradesh High Court agreed with learned District Munsif. But, on Letters Patent appeal, a Division Bench of the High Court, consisting of Chandra Reddy, C. J. and Chandrasekhara Sastry, J., agreed with the learned Subordinate Judge. The result was that the suit of the appellants was dismissed with costs throughout. Hence the present appeal.

(3.) On the pleadings, two questions arose for consideration, namely, (i) whether the Muttah was included in the asset of the Zamindari at the time of the Permanent Settlement, and (ii) even if the said Muttah was excluded from the asset of the Zamindari, whether the original grant comprised the tanks.