ALAPATI AKKAMMA Vs. ALAPATI RAYUDAYYA AND OTHERS

JUDGEMENT

(1.) Plaintiff-appellant filed a suit for recovery of the suit properties and for the accounts alleging that the suit property was the Stridhana property of her mother and the defendants were in wrongful possession of the same. The defendants while denying the allegations of the plaintiff, raised an objection that the court had no jurisdiction to try the suit. The court below accepted the contention of the defendants and directed the return of the plaint for presentation to the District. Munsif's Court, Eluru. The plaintiff has now come up in appeal.

(2.) The first argument advanced on behalf of the appellant is that originally the suit was filed in the court of the District Munsif of Eluru and on the objection of the defendant-respondent, that the valuation of the suit property exceeded the jurisdiction of that Court, the court returned the plaint and now when the plaintiff has filed this suit in the Additional District Judge's Court, the defendant has again raised the question of jurisdiction which he is not entitled to.

(3.) It is next urged that the court below has erred in holding that the plaint A schedule properties should be valued at 10 times the assessment and not the market value, when no tax has been fixed and there is no assessment. I do not see any force in these contentions. In so far as the first argument is concerned, it is no doubt true that originally the suit was filed in the District Munsif's court Eluru, and was registered as O. S. No. 245 of 1950, and on the objection of the defendant that the value of the schedule properties exceeded the jurisdiction of that court, the court returned the plaint for presentation to the proper court. But by the time the present plaint was presented in the District court on 16-1-1951 the zamindari village was taken over by the Government as notified in the Notification of the Government in GO. Ms. No. 2216 Revenue dated 11-8-1950 and under the Madras Acts (XXVI of 1948), the estates in Allamcherlarajupalem were included in this notification and these lands which were under the estate, became ryotwari lands.