CHINNAPPA Vs. SITHARAMARAJU

JUDGEMENT

(1.) This is an application for revision of the order of the District Munsif, Kovvur in I. A. No. 1639 of 1954 in O. S. No. 587 of 1953 declining to stay the trial of the suit. I. A. No. 1639 of 1954 was filed under section 4 (1) of the Andhra Inam Tenants Protection Ordinance (No. IV of 1954) by the defendants who were sought to be evicted from an extent of 19 acres and 44 cents in the mokhasa village of Kunchanapalli in their possession. The plaintiff claims to be a permanent lessee of these and other lands from the inamdar under a registered lease deed dated 20-4-1953. It is the plaintiff's case that; before he got the permanent lease from the inamdar in 1953, he was a yearly tenant of the lands and the defendants were his sub-tenants paying him an yearly rent. He alleged that soon after he obtained a permanent lease from the inamdar, the defendants surrendered possession of the lands to him and agreed to hold the lands for the years 1952-54 on a fresh tenancy subject to certain terms and conditions which, however, had not been complied with.

(2.) The defendant pleaded that they were tenants with permanent rights of occupancy, having been admitted to the possession of the lands by the previous landholder and that they were never the sub-tenants of the plaintiff.

(3.) The plaintiff's case is and for the purposes of this revision petition it may be assumed to be correct, that the inam lands now in question are not situated in an "estate" as defined in section 3 (2) (d) of the Madras Estates Land Act. The inam grant has to be taken to be of less than a village. Ordinance IV of 1954 subsequently replaced by Act XIV of 1954 would not apply to the case. Section 4 (1) of the Ordinance which is almost in same terms as section 4 (1) of the Act XIV of 1954 ran as follows :