AYYALASOMAYAJULA SUBBARAYUDU Vs. NUKALA MANIKYAMBA AND ANOTHER

JUDGEMENT

(1.) This revision petition, arises out of an order passed by the District Munsif of Amalapuram declining to transfer a suit under section 15 of the Madras Estates Land (Andhra Amendment) Act (XXXV of 1956).

(2.) The petitioner instituted O. S. No. 325 of 1954 against the respondents for possession of the plaint schedule property after evicting them therefrom and for other incidental reliefs on the allegation that he was induced to surrender possession of this land on false representations. He valued the suit under section 7 (xi)(e)(f) of the Court-fees Act. The suit was inter alia resisted on the grounds that the provisions of either Act XXXV of 1956 or XIV of 1954 were not applicable for the reason that he voluntarily gave up possession that the suit was not properly valued and that the District Munsif had no pecuniary jurisdiction to entertain it. The trial Court overruled the objection regarding the valuation for purposes of Court-fee and proceeded to try the suit. The aggrieved defendants carried the matter in revision to the High Court. This Court in the view that section 7 (xi) (e) of the Court-fees Act was inapplicable for the reason that the averments contained in the plaint would not bring the suit within the ambit of that section, set aside the order of the trial Court and remanded it for deciding the question as to the proper Court-fee to be paid on the plaint.

(3.) Before the suit could be taken up for trial in the light of the observations of this Court, Act XXXV of 1956 was passed by the Legislature of the Andhra State replacing the Andhra Inam Tenants Protection Act which was enacted by the President in 1954. In this enquiry, we are concerned with section 15 of that Act, which, so far as is material for the purpose of this revision petition, reads as follows:-