CHINTA VENKATA JAGANNATHA RAO Vs. DOLA NARANNAIDU

JUDGEMENT

(1.) Chinta Venkata Jagannadharao, as sole plaintiff, filed O.S. No. 26 of 1955 in the Sub-Court, Srikakulam praying for appointment of a receiver regarding the suit properties and for other reliefs. In the first instance, he impleaded Dola Narannaidu as the sole defendant. Subsequently, the latter was numbered as the first defendant due to the impleading of the other defendants namely, the State of Andhra Pradesh, as the second defendant, and the other defendants 3 to 27. The case came to be tried by the learned Additional District Judge, Srikakulam, as O.S. No. 2 of 1960 on his file. The latter, after full trial, dismissed the suit with costs. Thereupon the plaintiff filed this appeal.

(2.) Talasamudram is a Zamin village in the District Srikakulam. In O.S. No. 54 of 1925 on the file of the Sub-Court, Berhampur, for partition of the estate, certain lands inclusive of the suit lands were allotted to the father of the plaintiff, as one land-holder. The other half was owned by various landholders including the first defendant. Ex. A-1 is the judgment in that suit. Ex. A-2 is the written statement filed by Dola Yerrannaidu and another in that suit. Ex. A-2(a) is the plaint schedule, Ex. A-3 is the final decree and Ex. A-4, Ex. A-5 are the schedules attached to the final decree (Ex. A-3). Exs. A-6 to A-11 are various documents which show the details of allotment by which the plaintiff came to be the owner of the suit lands as decree-holder. On 12/01/1951, the Zamindari of Talasamundram was notified under S. 3 of the Madras Estates Abolition (Conversion into Ryotwari) Act, (Madras Act XXVI of 1948) (hereafter referred to in this judgment as the Act).

(3.) On 22-7-1948, the 1st defendant wrote a letter (Ex. A-119), to the father of the plaintiff mentioning that some casuarina saplings in the suit land had perished and that they might be replaced by fresh planting. The first defendant made an offer as follows:-