ALLA SUBBAREDDI Vs. LANKIREDDI NARAYANASWAMIREDDI AND ORS.

JUDGEMENT

(1.) C .M P. No. 3369 of 1948 was filed by plaintiff 2 in O.S. No. 354 of 1947 on the file of the Court of the District Munsif of Bezwada for transfer of the suit to this Court and for passing interlocutory orders and for retransferring the same. Along with this application he also filed C.M.P. No. 3370 of 1948 to appoint the Tahsildar of Bezwada or any other proper person as receiver for the properties involved in the suit O.S. No. 354 of 1947. Those applications were moved before me in the vacation Court and came up for orders on 19th May 1948.

(2.) PLAINTIFFS 1 and 2 instituted O.S. No. 354 of 1947 for a permanent injunction restraining defendant 1, the zamindar, from disturbing their possession of certain lanka lands of the extent of 150 acres. Their case was that these lankas were in their possession for a continuous period of about 8 years, the last of the leases in their favour expiring by 30th June 1947, and that the zamindar notwithstanding the fact that they had acquired occupancy rights in the lankas was attempting to lease the properties to others and was seeking to disturb their possession. In the first instance only the zamindar was impleaded as the sole defendant. They also applied along with the suit, in I.A. No. 1057 of 1947 for an interim injunction against the defendants and an ex parte order was passed on 2lst June 1947. Before the order could be served on the zammdar, he died on -24th June 1947, and subsequently his legal representatives were impleaded as defendants 2 and 3. By a further application the injunction was extended to the legal representatives also. Meanwhile, the zamindar seems to have leased the property to defendants 4 and 5 on 4th July 1947, that is, after the institution of the suit by the plaintiffs which was filed on 19th June 1947. As the plaintiffs apprehended disturbance of possession by defendants 4 and 6 they took proceedings under Section 144, Criminal P.C., in M.C. No. 67 of 1947 on the file of the Sub -Divisional Magistrate's Court, Bezwada, and obtained an ex parte order again9t defendants 4 and 5 which was current for a period of one month. A commissioner was appointed in I.A. No. 1694 of 1947 to inspect and report as to who was in possession of the property, and he submitted a report that the plaintiffs were in possession. When the order under Section 144, Criminal P.C., was about to expire the plaintiffs seem to have moved the Minister for extension of the order, and the Government seems to have directed the District Collector to go into the matter. The District Collector seems to have suggested proceedings under Section 145, Criminal P.C., and the plaintiffs filed M.C. No. 18 of 1948 under Section 145, Criminal P.C., and a preliminary order was passed on 8th March 1948. Pending these proceedings, the Tahsildar of Bezwada was appointed receiver to auction the crops on the lands which were claimed to have been raised by both the parties. On their own application defendants 4 and 5 were impleaded as parties to the suit. On 17th May 1948, while the receiver was in possession of the property defendants 4 and 5 filed Ori. R.C. No. 586 of 1948 before the Vacation Judge to quash the proceedings under Section 145, Criminal P.C. On 18th May 1948, Yahya Ali J. passed the following order in Ori. M.P. No. 1162 of 1948:

(3.) WHEN these petitions came up for hearing before Govinda Menon J. he felt some difficulty regarding the power of this Court to pass an interim order appointing a receiver before notice in the transfer petition was served and the transfer of the suit was ordered. He therefore directed the petitions to be posted before me.