BODASINGI RAMARAO Vs. DUVVADA PARASURAM CHOWDARY

JUDGEMENT

(1.) These second appeals arise out of a common judgment dated 15-4-1996 in A.S.No.12 of 1996 and batch on the file of Principal Subordinate Judge, Srikakulam, reversing the judgment and decree in O.S. No.87/1980 on the file of District Munsif, Palasa.

(2.) The appellants before this Court filed O.S.Nos.75/80 to 79/80 and 81/80 to 88/80 on the file of the District Munsif, Palasa for perpetual injunction seeking to restrain the respondents from interfering with the plaintiffs-appellants' possession of the suit schedule lands mainly on the ground that the appellants were cultivating the plaint schedule lands as tenants from times immemorial. The said lands were Inamdar lands and the appellants used to pay Rajabhagam. The respondents filed cross suits being O.S.Nos.43/80 to 45/80 and O.S.No.90/80 to 93/80 on the file of the District Munsif, Palasa for perpetual injunction against the appellants. All the suits filed by the appellants and respondents were disposed of by a common judgment and decree dated 21-7-87 granting perpetual injunction to the appellants and others. The suits filed by the respondents and others were dismissed.

(3.) According to the appellants the plaint schedule lands formed part of pre-settlement unfranchised Inams in Kambirigam Mokhasa in the erstwhile Tarla Estate. In 1804 the British Government granted "Sannad" to the Tarla Estate in which Kambirigam was described as Jagir which was an Estate as defined in Section 3 of the Estate Land Act, 1908. No patta was however, granted to the respondents or to their predecessors. The respondents' rights therefore, stood vested in the Government after the enactment of the Estate Abolition Act.