BASIVIREDDI K CH Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This Letters Patent Appeal is from the judgment of a learned single Judge of this Court in A.S.No. 549 of 1978 affirming the decree of the learned Subordinate Judge, Vijayawada in O.S.No.56 of 1975 dismissing the suit of the plaintiffs-appellants. The parties herein, for the sake of convenience, are referred to as they are arrayed in the suit.

(2.) The 35 plaintiffs have instituted the suit for a declaration that they have acquired legal title to the plaint Schedule property of Ac. 33-45 cents being the lateral accretion to the pre-existing 'lanka lands' belonging to them for which their vendors obtained patta from the Government and for consequential permanent injunction restraining the State of Andhra Pradesh and its subordinates from interfering with the peaceful possession of the plaintiffs and their successors in interest in respect of the suit lands.

(3.) The suit lands are situate in Devarapalli village of Vijayawada taluk. The village was originally an estate belonging to the erstwhile Zamindar of South Vallur and it abuts the river Krishna. In the year 1943, four individuals (i) Makineni Appayya; (ii) Sunkara Veerayya; (iii) Anne Venkata Subbaiah; and (iv) Kodali Punnayya - obtained leasehold rights of the 'lanka' called "Potti Dibba Lanka" in Fasli 1353 from the erstwhile Zamindar. During the subsistence of the lease, the Zamindar granted another lease in respect of the same lands to another set of four persons viz., (i) Gudibanda Venkata Reddy; (ii) Gudibanda Seetharami Reddy; (iii) Gudibanda Subba Reddy and (iv) Bonthu Gopireddy, for a period of ten faslis beginning from 1354 and ending with 1363. The first set of four persons instituted a suit - O.S.No.73 of 1944 - against the second set of four persons and also their lessor - the Zamindar of South Vallur - on the file of the Court of Subordinate Judge, Vijayawada, alleging that they were inducted into possession and they acquired occupancy rights in the said 'lanka' but the defendants (the second set of 4persons)tookforciblepossession of the land. Consequently they sought a declaration of their occupancy rights and for possession. The suit was compromised on 12-11-1947 whereby the plaintiffs therein were given 2/5th share of the land with occupancy rights while the defendants got 3/5th share with occupancy rights. Both the parties, on 21-12-1947, paid a sum of Rs. 1,40,000/- to the Zamindar and obtained a joint patta.