CHADA VENKATANARAYANAVADHANI Vs. ASSISTANT SETTLEMENT OFFICER BOBBILI

JUDGEMENT

(1.) This Writ Appeal arises out of the Judgment of Manohar Pershad, J., in Writ Petition No. 37 of 1961. The facts which have given rise to this appeal may be briefly stated.

(2.) The petitioner filed O.S. No. 284 of 1950 on the file of the District Munsif's Court, Parvatipuram, for recovery of possession of certain lands known by the names of"Vuramadi" and " Akumadi " which, it is admitted, are of an extent of about acres 3-00 and which are among the lands concerned in that suit. The petitioner obtained a decree for possession of those lands. The judgment of the District Munsif was affirmed on appeal. In Second Appeal No. 8 of 1957 on the file of this Court, Munikanniah, J., affirmed the decree passed by the District Munsif's Court. Therefore, the decree passed by the District Munsif's Court in favour of the petitioner for recovery of possession of the lands in question became final and binding on the parties. So much is conceded.

(3.) During the pendency of the appeal before the Court of the Subordinate Judge, Srikakulam, the village of Ramabhadrapuram in which the lands in dispute are situated, was notified under the provisions of the Madras Estates (Abolition and Conversion into Ryotwari) Act (XXVI of 1948) and taken over by the Government. Thereafter, the Assistant Settlement Officer; Bobbili, initiated proceedings suo motu under section 12 (b) (iii) of Madras Act XXVI of 1948. That provision envisages enquiry into the tenure of lands situated in a zamindari estate. Clause (iii) of sub-section (b) of section 12 provides that the landholder will be entitled to a ryotwari patta for all lands which immediately before the notified date belonged to him as private lands within the meaning of section 3, clause 16, sub-clauses (a), (b) and (c) of the Madras Estates Land Act.