DANDE VENKATA SWAMY Vs. GUMMIDI SATYANARAYANA

JUDGEMENT

(1.) This batch of civil revision petitions are filed against the judgments and decrees in O.S. Nos. 43/87, 44/87, 45/87, 46/87, 47/87, 48/87, 49/87 and 50/87 on the file of the Principal District Munsif at Yellamanchili, Visakhapatnam, dated 27-8-1992 decreeing the suits filed by the respondents-plaintiffs under Section 6 of the Specific Relief Act for summary eviction of the revision petitioners.

(2.) As common questions of law, and fact are involved in all these revision petitions they are being disposed of by a common order. The facts in brief are as under: An extent of Ac. 19.67 cents of land in S.Nos.53/3, 57/1B/2, 32/2A/2, 57/2B, 58/1, 59/1, 57/1B/1, 56/1, 58/3, 39/4, 35/2, 56/3, 53/1, 329/2A/1 and 53/4 situated at Chinagummaluru village of S.Rayavaram Mandal, were surrendered by the landlords by name Smt. Posuru Sanyasamma and Posuru Gangu Naidu under Section 10(3) of the A.P.Land Reforms (Ceiling on Agricultural Holdings) Act, 1973. Having accepted the surrender, the authorities issued proceedings in L.C.C.No. 0/6, 1133/75, dated 28-4-1996 assigning separate moieties to as many as 11 persons, the extents ranging from Ac.0.27 cents to Ac.2.25 cents to various individuals who are landless poor persons. The proceedings is marked as Ex.A-1 before the Lower Court and the details of the assignments are set out therein.

(3.) The case of the respondents-plaintiffs is that they have been put in possession of the above moieties individually and they have been in enjoyment of the same for a period of four months and thereafter they have been dispossessed unlawfully by the Revision Petitioners-defendants and as such they have filed the suits under Section 6 of the Specific Relief Act for summary eviction. The suits have been resisted by filing a written statement. All the material averments of the plaint have been denied. It is also denied that the plaintiffs are landless poor persons. It is specifically denied that the above said land has been assigned to them or that they were put in possession of the same. It is also asserted that the Sub-Collector, Narsipatnam, directed both the parties to cultivate the lands jointly and accordingly they have been raising dry crops like Jonna, greengram, redgram, horsegram etc. The allegations that the above land has been in lawful and exclusive possession of the respondents since 20-4-1986 and that they have been dispossessed in the first week of May, 1986 by the revision petitioners are also denied. The other allegations that they trespassed into the land at the behest of Kakara Nookaraju the local M.L.A. in the second week of September, 1986 is also denied.