STATE OF ANDHRA PRADESH Vs. POOSPATI LAKSHMINARASIMHA RAJU

JUDGEMENT

(1.) This Second Appeal is brought by the 2nd plaintiff against the Judgment and Decree of the District Judge, Visakhapatnam, which confirmed those of the District Munsif, Visakhapatnam, and involves the construction of sections 3 and 20 of the Madras Estates (Abolition and Conversion into Ryotwari) Act (hereinafter referred to as the Act).

(2.) The facts, which are useful in the context of this enquiry, may be briefly stated. The Rajah of Vizianagaram filed a suit against the defendants for a permanent injunction restraining them from carrying on any quarrying operations in S. No. 1 of Polipalli village situated in the zamindari of Vizianagaram. The land in question was granted on lease for pasturage in the year 1901 to the predecessors in interest of the defendants and the lease was renewed from time to time. Sometime after the original lease, the defendants began to quarry lime-stone from this pasture land, contrary to the terms of the lease. Notwithstanding the orders of the officials of the zamindari prohibiting mining operations, this continued uninterrupted for a number of years. As the attempts of the zamindar to stop these unauthorised and illegal acts of the defendants failed, the present suit was laid for the reliefs mentioned above. Pending the suit, the Act came into force and the Vizianagaram Samasthanam was taken over by the Government under the provisions of the Act.

(3.) Thereupon, the Government was brought on record as the 2nd plaintiff. The suit was resisted on the defence, inter alia, that the defendants had acquired the right of quarrying by prescription having enjoyed it for over the statutory period. This objection prevailed with the trial Court with the result that the suit was dismissed. This was confirmed on appeal by the District Judge.