C. VENKAREDDI Vs. C. 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 Muduthurivari 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 the 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 of 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.

(2.) THE first question that arises for consideration in the appeals is whether the tenants have proved that grant was of a whole village so as to attract the terms of S. 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 are not known. Column 12 shows that the Collector confirmed the Khandriga to the person mentioned in Column 16 in 1824.

(3.) ON 28 -11 -1882, the Khandriga was sold by Puranam Varadacharyulu under Exhibit A -2 to Nelaturu Venkataramacharyulu the grand -father of plaintiffs 2 and 3, The sale deed expressly conveyed not only the lands but also other legal Incidents as astabhogamulu. Under Exhibit A -2, the two stone -built wells as also the fruit bearing trees standing on the lands were expressly conveyed. Reference was made to a registered mortgage created by the inamdar for a sum of Rs. 2,000/ - in favour of Volati Venkatachalam Chetti and Nalam Venkayya, residents of Nellore. It is also stated in the sale deed that the vendee should take possession of the lands after the expiry of the lease marked as Exhibit A -8 and enjoy the same "by causing cultivation, etc., to be carried on therein, as you please"