SRI RAJAH BOMMADEVARA VENKATA NARASIMHARAO NAIDU BAHADUR ZAMINDARGARU Vs. KASARANENI VENKATA SUBBA RAO

JUDGEMENT

(1.) These two appeals arise out of two suits: (i) O.S. No. 143 of 1949 filed by the appellants for recovery of the suit lands and (ii) O.S. No. 226 of 1949 filed by the defendant in that suit for establishing his rights of permanent occupancy in the said lands against the plaintiffs. For convenience of reference, the ranks given to the parties in O.S. No. 143 of 1949 will be adopted throughout the judgment.

(2.) The plaintiffs are the zamindars of north-east Vallur estate and Madduru is one of the villages in that estate. The plaint schedule lands, 24 acres 44 cents of cultivable land and 1 acre 17 cents of banjar, are part of lanka lands formed in the bed of the river Krishna by alluvial action. The plaintiff's case is that the said lands are their private lands, that the right to cultivate the same was auctioned by the estate officials on 27th June, 1947 and that the defendant, having become the highest bidder, became a temporary lessee in respect of the said lands for fasli 1357. Alleging that the terms of the lease deed expired on 15th June, 1948, they filed the suit for ejecting the defendant, for recovery of the balance of the lease amount for fasli 1357 and for damages for fasli 1358.

(3.) The defendant, inter alia, pleaded that the lands were ryoti lands and that, as he was inducted as a tenant of the said lands, he acquired rights therein under the provisions of the Madras Estates Land Act. He also contended that the arrears of rent and the damages claimed were excessive. He further pleaded that the plaintiffs were not entitled to file a suit against him without proper notice to quit. Similar contentions were raised by the parties in the connected suit.