STATE OF A P Vs. VEERAM REDDI RAMAJAN

JUDGEMENT

(1.) The respondents herein filed 0 S No. 149 of 1977 on the file of the court of the Principal Subordinate Judge, Kakinada for declaration of their title to the plaint schedule properties, for recovery of possession and mesne profits in respect of an extent of Ac 14.63 cents in Thimmapuram village of East Godavari District.

(2.) The learned Subordinate Judge on a consideration of the oral and documentary evidence adduced before him, cam to the conclusion that the previous orders of the tribunals and the High Court do not operate as resjudicata that the lands are ryoti lands as pleaded by the plaintiffs and that the civil court has jurisdiction to try the suit. Basing on those findings., he held that the plaintiffs are entitled to declaration of their title to the suit lands, for possession thereof and also for mesne profits. He accordingly granted a decree for declaration of title and recovery of possession with a direction that the mesne profits shall be determined on a separate application filed for that purpose.

(3.) Aggrieved by that decision, the first defendant (State of Andhra Pradesh) filed A S No. 169 of 1981 and the second defendant-Harijana Karmika Sangham Thimmapuram (hereinafter referred to as "the Sangham") filed A S No, 161 of 1981. The learned First Additional District Judge, Rajahmundry disposed of both the appeals by a common judgment holding that the suit properties are not tank-bed lands ; that a suit to declare title of the plaintiffs cannot be entertained by a civil court in view of the decision of our High Court in M J Syamala Rao vs. Radhakanthaswami Varu (1) 1984(1) APLJ. 113 and that however, the civil court has jurisdiction to restore possession of the plaintiffs who were forcibly dispossesed by the second defendant after March, 1976 as alleged in the plaint and to grant the relief of mesne profits. While therefore, confirming the decree of the trial court with regard to the reliefs of recovery of possession by the plaintiffs and mesne profits, the learned Additional District Judge has partly allowed the appeals dismissing the suit for the relief of declaration of title.