LAWS(APH)-1958-2-22

KAMAT REDDY NARAYAN REDDY S/O VENKAT REDDY Vs. KAMAT REDDY NARAYAN REDDY S/O KISHTA REDDY AND ANOTHER

Decided On February 12, 1958
Kamat Reddy Narayan Reddy S/O Venkat Reddy Appellant
V/S
Kamat Reddy Narayan Reddy S/O Kishta Reddy And Another Respondents

JUDGEMENT

(1.) THIS is a Letters Patent Appeal by the defendant against the judgment and decree of our brother Ansari, J. in which he has concurred with the findings of fact arrived at by the trial Court and the First Appellate Court and held that the suit was within limitation.

(2.) THE only point involved in this appeal is whether the suit on the facts of the case can be said to be beyond time. In order to appreciate the contention raised on behalf of the appellant, it may, be mentioned that the Second Talukdar of Bhongir by his judgment D/ - 13th Khurdad 1346F. held that the respondents were entitled to the kothwal patel watan of Anantawaram village. As a result of this judgment, the respondent became the incumbent of the watan and began to discharge the duties of police patel and enjoy the emoluments thereof.

(3.) THE appellants being aggrieved by the order of the Second Talukdar went up in appeal to the Collector of Nalgonda, who by his order dated 12th Meher 1346 F., allowed the appeal and set aside the order of the Second Talukdar. On further appeal, the Subedar of Medak by his order dated 30th Aban 1347F. concurred with the view taken by the Collector. On revision being take by the respondents, the then Revenue Member upheld the orders both of the Subedar as well as the Collector.