STATE OF ANDHRA PRADESH Vs. MODALI VENKATASUBBIAH

JUDGEMENT

(1.) This Second Appeal was referred to a Bench by our learned brother, Manohar Pershad, J., at the request of the learned counsel for the respondent. This request was made on the ground that the decision of the learned Judge in Appeal No. 267 of 1955 was being appealed against under clause (15) of the Letters Patent.

(2.) The short facts of the case are as follows : The Government of Madras sought to apply the provisions of the Madras Rent Reduction Act (XXX of 1947) to Venkampeta Shrotriem situated in Kandukur taluq, Nellore district, now part of Andhra Pradesh. For this purpose, a notification was issued in or about Janua y, 1950 to effect reduction of rents in the said village.

(3.) Impugning the validity of this notification, the present suit was filed, the basis therof being that Venkampeta Shrotriem village is not an ' estate ' within the definition of section 3 (a) (d) of the Madras Estates Land Act (I of 1908). The plaintiff prayed for a declaration that the reduction of rents made by the defendant-Government in respect of the lands situated in the said village under the provisions of that Act was ultra vires the powers of the Government, as the village Venkampeta is not an 'estate'. The defence to the suit was that Venkampeta is an ' estate' falling within the ambit of section 3(2) (d) of the Estates Land Act, as the original grant covered the entire village of Venkampeta.