KUCHI PURUSHOTHAMA RAO Vs. KUCHI SURYANARAYANA MURTHY DIED

JUDGEMENT

(1.) The 6th defendant is the appeliant in this appeal The 1st respondent filed a suit for partition of plaint schedule property of an extent of Acs. 7-20 cents into five equal shares impleading demandants 1 to 3 his brothers and also one of his deceased brother's wife 4th defendant and his son 5th defendant and the tenants defendant 6 to 8.The 6th defendant is in possession of Acs. 5-20 cents and defendants 7 and 8 are in possession of the remaining Acs. 2-00.

(2.) According to the plaint allegations, the property belongs to the pldintiii's father Venkatappaiah. He settled the prasent property on his widowed daughter one Akkamma under a settlement deed dated 27-6-1931 Ex. A-3 with a life estate and with vested remainder to him and to his successors. The said Akkamma executed a lease deed in favour of 6th defendant as per Ex. B-25 for a period or two years on 9-3-64 and she died on 18-3-1964 and the said lease comes to an end after the death of Akkamma and the land in question is private land within the meaning of Andhra Pradesh (Andhra Area) Estates Land Act and hence the suit.

(3.) Defendants 1 to 5 did not contest the suit and admitted the claim of the plaintiff. Defendants 6 to 8, the tenants alone contested the suit. It is enough if we notice the defence of the 6th defendant who is the appellant in this appeal so far relevant for this appeal as the decree against defendants 7 and 8 has become final. The 6th defendant raised the plea that he and his ancestors were in possession of the property with occupancy rights long prior to Ex. B-25 and the land is situated in an estate called Kunchana palli Agraharam and the same was notified under the Estates Abolition Act on 27-8-1964 and vested in the State and consequently the Civil Court has no jurisdiction to entertain the suit and the suit is not maintainable without a ryotwari patta being obtained by the land holder.