ADDANKI RAMALINGAMMA Vs. BHIMAVARAPU VENKATASUBBAYYA

JUDGEMENT

(1.) THIS appeal is against the judgment of the Subordinate Judge of Bapatla dismissing the plaintiff's suit in appeal on the ground that Civil Courts have no jurisdiction to entertain the claim. The plaintiff, who is the appellant, is the widow of one Venkatappa, who was the son of Addanki Lingadu 1. Addanki Lingadu 1 married Venkata Ramamma. Venkatappa had a brother Ragadu, who died leaving a widow Ragi. She also died. Venkatappa and the plaintiff had a son Lingadu 11. Venkatappa died about 25 years prior to suit and Lingadu 11 also died three months after his father's death. The plaintiff claims to be the heir entitled to possession of the suit properties, which consist of certain lands relating to washerman service 'inam' in the Addanki village, Guntur district.

(2.) THE main defence to the suit is that the property being washerman service 'inam' land, a suit for recovery of possession of that land could only be heard by the Revenue Court under the Madras Hereditary Village Offices Act (3 of 1895) and a civil court has no jurisdiction. On the merits, the defendant contended that he had become entitled to possession of the property under a family arrangement. His case is that his father and Addanki Lingadu 1 were sons of sisters and besides he is the sister's son of Venkata Ramamma, wife of Addanki Lingadu 1, that while he was an infant his mother died and as his father was blind Lingadu affiliated the defendant and his father into his family and vested them with rights in his properties, that after the death of Venkatappa, husband of the plaintiff and Ragadu, sons of Lingadu 1, the defendant had been rendering washerman service, and that Venkata Ramamma, widow of Lingadu 1, and also the mother's sister of the defendant brought one Bapadu from another village Bommanampadu to assist this defendant In rendering service and, in pursuance of a family arrangement then effected the defendant and the said Bapadu had been enjoying the property of Lingadu with equal rights and the arrangement was approved of and acquiesced in by Venkata Ramamma as well as by the plaintiff and Ragi, the widow of Ragadu.

(3.) THE only question therefore for determination in this appeal is whether the conclusion of the learned Subordinate Judge that the civil Court has no jurisdiction is correct. Under Section 13(1) of Act 3 of 1895,