KUMMINA MULAYYA Vs. KOTWALA APPANNA

JUDGEMENT

(1.) This is an appeal under clause 15 of the Letters Patent from a decision of Ekbote, J., The facts lie in a narrow compass and are indisputable. Etikopoaka village in the Viskbapatnam District was an estate within the meaning of the Madras Estates Land Act. as amended in 1936. It was held by several persons jointly, two of whom Bangariah and Appallaraju, suffered deecrees for the recovery of money obtained against them by ona Thirupathayya In execution of the money decree, the one-fifth share of the jugment-debtors in the village was sold to one Mullayya who obtained symbolical delivery on 22nd December, 1956. The auction purchaser brought a suit for partition O.S. Ns. 160 of 1958, to which the co-owners and tenants in possession of the inam lands are parties.

(2.) In another decree suffered by the above mentioned persons, 1/10th share of the inam village was sold in execution and the decree- holder was the purchaser. He brought a suit seeking partition of the 1/10th share. The suit was registered as O.S. No. 159 of 1958.

(3.) In both the suits preliminary decrees were passed and I. A. Nos. 263 and' 264 of 1960 were presented to the Court for a final decree. The tenants were parties to the petitions and they ressisted the claim of the plaintiffs for a final decree on the ground that the Inams Abolition Act conferred on them the right to two-thirds share. The District Munsiff directed the appointment of a Commissioner with a view to pass the final decree of partition. The tenants questioned the correctness of the order in Revision Petitions Nos. 1148 and 1149 of 1961. They were allowed by Ekbote, J,, and the order of the learned Judge has become final.