GADDE JAMES Vs. K UPENDRA BABU

JUDGEMENT

(1.) Defendants 2 to 4, 7, 8 and 10 to 14 are the appellants in this appeal challenging the judgment and decree in O.S. No.10 of 1982 dated 1-4-1985 on the file of the Subordinate Judge at Chirala wherein the suit filed for recovery of possession of the suit schedule property by way of restitution was decreed.

(2.) The plaintiff claims that in the land ceiling proceedings arising under the provisions of the Andhra Pradesh Land Reforms (Ceiling on Agricultural Holdings) Act, 1973 (for short "the Act"), he was found in excess to an extent of 0.2728 Family holdings and he surrendered Ac.7-551/2 cents to the defendant No.l, who is the Government, in the proceedings in C.C. N0.1295/CLX/75. However, in appeal, as per the orders in L.R.A. No.91 of 1979 dated 9-1-1980, the extent of excess holding was modified and reduced to 0.1022 standard holding. Therefore, he filed a petition before the defendant No.l for restitution of the excess land surrendered i.e., to an extent of Ac.3-97 cents. Even as per the plaint allegations, the land, in the meanwhile, was distributed on assignment amongst defendants 2 to 14 as beneficiaries and they are in possession. Hence the suit for possession by way of restitution.

(3.) Defendants 2 to 14 have remained ex-parte. In the written statement of defendant No.1, the only plea taken is that the civil Court has no jurisdiction under the provisions of the Act.