CHITTAMURU VENKAREDDI Vs. CHEVURU SUBBARAMI REDDI

JUDGEMENT

(1.) The question that arises for consideration in both the appeals is whether the appellants are entitled to rights of occupancy in the suit lands situated in Miduthurivari Khandriga. O.S. No. 142 of 1950 on the file of the Subordinate Judge of Nellore was instituted by the inamdars for a declaration of their absolute title and enjoyment of A schedule lands and for a permanent injunction restraining the defendants from interfering with the enjoyment and possession of plaintiffs 1 and 2 and for recovery or possession of the B schedule lands together with subsequent profits till delivery of possession and for other incidental reliefs. O.S. No. 151 of 1950 was filed by the 1st defendant in O.S. No. 142 of 1950 as against the inamdars for a declaration that he was entitled to right of occupancy. Both the suits were tried together by the Subordinate Judge of Nellore and he held that Miduthurivari Khandriga was not an estate within the meaning of the Madras Estates Land Act as amended, hereinafter referred to as the Act, and that the inamdars have proved beyond doubt that they were entitled to both the melwaram and kudiwaram rights, that the appellants have not established that they were entitled to permanent rights of occupancy in the suit lands and consequently decreed O.S. No. 142 of 1950 and dismissed the other suit. The tenants have consequently prefered the above appeals.

(2.) The first question that arises for consideration in the appeals is whether the tenants have proved that the grant was of a whole village so as to attract the terms of section 3 (2) (d) of the Act as amended. It appears from the Inam Fair Register marked as Exhibit A-35 that Miduthurivari Khandriga formed part of a Government village called Patur in the Nellore District and was granted in inam long ago. According to columns 11 and 13, the names of the original grantor and the grantee arc not known. Column 12 shows that the Collector confirmed the Khandriga to the person mentioned in column 16 in 1824. Column 21 proves beyond doubt that the grant was of a Khandriga and that it was approved and confirmed by the Inam Commissioner G. N. Taylor and Title Deed No. 2012 was issued in respect thereof. As pointed out by Rajamannar, C.J., in Janakiram v. Gopalam. (1951) 2 M.L.J. 272 : 64 L.W. 732

(3.) The next question that has to be considered is whether the inamdars have proved that they are the owners of both the varams and that they are entitled to eject the appellants herein.' The original grant is not available. So it is only from the course of conduct as evidenced by the several documents and the oral evidence that the question has to be decided. From the Inam Fair Register marked as Exhibit A-35 it appears that Miduthuri Ramalinga Sastrulu was in enjoyment of the inam at the time of the inam inquiry and that the Khandriga " was rented out for Rs. 140 inclusive of the jodi. The earliest leases produced in the case are of the year 1874 and they are marked as Exhibits A-4 and A-5. The sites were not included under Exhibit A-4 and were allowed to remain in the enjoyment of the inamdars. The fruit bearing trees were directed to be looked after by the lessee and the produce therifrom was reserved to be enjoyed by the inamdar. Under Exhibit A-5, the inamdars retained the lands of an extent of about 4 acres known as Chavitithota and Kakaradibba for their enjoyment. The Khandriga was sold by the inamdar to Puranam Varadacharyulu under a sale-deed, dated 14th March, 1879 and he executed a registered lease, dated 12th June, 1882, for period of nine years in favour of three lessees belonging to different families viz. B. Chandra Reddy, D. Pitchi Reddi and I. Ramaswami Reddi The rent that was reserved was a sum of Rs. 90 and the assessment of Rs. 120 was directed to be paid by the lessee to the Government. The lessor agreed to meet the expenses of the removal of the prickly-pear standing on the lands and the lessee undertook to cut the babul trees standing in beeti polam and bring the firewood to the residence of the lessor. The right of the inamdar in respect of the trees was recognised by the , lessees.