STATE OF ANDHRA PRADESH Vs. KORUKONDA BHATTARU APPALACHARYULU

JUDGEMENT

(1.) The question referred to the Full Bench by a Bench of this Court consisting of Ummaheswaram and Ranganadnam Chetty JJ. is as follows : "Does the burden of proof lie upon the tenant or the landlord to show that the grantor reserved some interest in the land and granted the minor inam subsequent to the grant of the major inam in cases falling under Section 3(2)(d) of the Madras Estates Land Act?"

(2.) The learned Judges felt that there was a conflict between the decision in Rama Rao v. Linga Reddi, 1956 Andh WR 89: (AJR 1957 Andh Pra 632) and the two unreported decisions of this Court in Appeal No. 1217 of 1953, D/- 26-11-1958 and Appeal No. 406 of 1954, D/- 27-11-1958 and thought that the conflict should be resolved by a Full Bench.

(3.) The question referred to us arises in the following circumstances. A suit (O. Section No. 62 of 1953 on the file of the Subordinate Judges Court, Srikakulam) was instituted for a declaration that village of Potli is not an estate within the meaning of Section 3(2)(d) of the Madras Estates Land Act (I of 1908) and that the provisions of Madras Act XXX of 1947 are not applicable thereto. The suit was opposed by the tenants as also by the State Government on the ground that notwithstanding the existence of certain minor inams, the village of Potli was an estate within the purview of Section 3(2Xd) of the Madras Estates Land Act as amended by Madras Act II of 1945 which introduced Explanation I to the section. Overruling the objection of the defendants, the Sub ordinate Judge decreed the suit. The State of Audhra, the first defendant in the suit, has preferred the present appeal.