RSAMCHANDER NAIK Vs. LINGA RAMACHANDERIAH DIED L BHOIAVVA

JUDGEMENT

(1.) C. C. C. A. No. 36 of 1964 is directed against the judgment and decree in O. S. 41/59 on the file of the First Additional Judge. City Civil Court, Hyderabad, while the revision petitions arise out of proceedings under the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act (XXI of 1950), which will hereinafter be referred to as "Tenancy Act. Defendant No. 1 in the suit, who was also the petitioner in the proceedings under the Tenancy Act, has preferred the appeal and the revision petitions.

(2.) The subject -matter of this lsitigations is 303 acres of pasture land knows as Barman Cheru Kancha" and comprised in S. Nos. 261 to 279 of Jeedimetla village. Late Govinda Naik. the father of the defendants, was the original pattadar of this land and it is also common ground that she inducted the plaintiff into possession of the same as tenant in aborts the year 1918 or 1919.

(3.) In September, 1952, the plaintiff filed O. S. 46/53-54 in the Court of the Munsif-Magistrate, East. Hyderabad against the 1st defendant. Rsamchadra Naik, and four others for a declaration of his right to possession of the lands in dispute and also for a permanent injunction restraining the defendants therein from interfering with his possession. claiming to be a protected tenant. This suit was declared in part by the Trial Court and ax prayed for by the appellate Court. This decree was confirmed by the High Court in S. A. No. 201/2 1954-55 on 23-3-1960 with only a slight modification that "the appellant (Ramchandra Naik) would be entitled to such remedy as against the tenant respondent which he may have under the tenancy Act". On the same day, the High Court dismissed C. R. P. No. 1868 of 1967 preferred by Ramachandra Naik with the result that an order made by the Tahsildar. Medical, on the 9/10/1954 directing the grant of a tenancy certificate to the plaintiff in respect of the suit lands became final.