YERRABALLI CHANDRAIAH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) Heard Sri Kesava Rao the learned Counsel representing the appellants and the Government Pleader for Land Ceiling. The learned Counsel representing the appellants had raised the following substantial question of law to be decided in the present Second Appeal. Whether the Board of Revenue had jurisdiction to cancel the patta made in favour of the plaintiffs under Rule 15 of the Laoni Rules, 1950, when Rule 19 thereof empowers the District Collector alone to cancel the assignments when conditions of the grant are violated ?

(2.) Both the Counsel made elaborate submissions relating to this aspect. The Appellate Court had only framed the point for consideration at para 5 as hereunder: Whether the Judgment and Decree of the Lower Court is justified and whether the plaintiffs are entitled for possessory title ?

(3.) As can be seen from the Judgment and Decree of the Appellate Court certain documents were also filed under Order 41 Rule 27 of the Civil Procedure Code. The appellants herein, who are the plaintiffs filed O.S.No.94 of 1976 on the file of Ist Additional Subordinate Judge, Warangal for declaration that the plaintiffs are the absolute owners and possessors of the suit land treating the orders of the Board of Revenue as void and non-existent and for permanent injunction restraining the defendants from interfering with the possession of the plaintiffs. The appellants - plaintiffs pleaded in the plaint, referred to at para 2 of the Judgment of the Original Court as follows: