JALUMURU KAMARAJU Vs. KENGUVA SURYANARAYANA

JUDGEMENT

(1.) This revision is against an order under Section 145, Cr. P. C., passed by the Sub-divisional Magistrate of Rayagada declaring the opposite party to be entitled to possession of six plots of land in village Rachavikrampur and forbidding disturbance of such possession until eviction in due course of law. A revision petition filed before the Additional Sessions Judge of Jeypore under Section 437, Cr. P. C., was unsuccessful.

(2.) Village Rachavikrampur had been granted as Mokhasa by the Maharaja of Jeypore in favour of an ancestor of the opposite party and the last Mokhasadar was one Sivaramaraju. Petitioner Kamaraju is his own brother. Sivaramaraju died sometime in 1942 issueless and the petitioner alleged that his own son Nilakantam had been adopted by Sivaramaraju prior to his death. His case, therefore, is that his son Nilakantam as the adopted son of Sivaramaraju continues to be the Mokhasadar of the village and as such is in possession of all the lands in that village.

(3.) As early as 1908 Sivaramaraju had given usufructuary mortgage of nine plots of land in village Rachavikrampur to one Kenguva Lachhanna by a deed (Ext. 7) for a sum of Rs. 2,000/-. This Lachhanna was none else but the elder brother of the opposite party. In 1911 Sivaramaraju executed a second mortgage in respect of the same plots in favour of one P. Dhanam who in 1924 brought a suit (O. S. No. 2 of 1924) in the Court of the Agency Additional District Judge, Waltair, against Sivaramaraju and others on the foot of the second mortgage impleading the first mortgagee Lachhanna also as a party in that suit. After the passing of the preliminary decree it was transferred in favour of the opposite party No. 2, Mallikarjun, (who was the brother of Lachhanna) and four other persons whose names are not material in this case. The parties then compromised that mortgage suit and a final decree was passed in 1929 (Ext. 4) on the basis of the compromise. In execution of that final decree the whole of village Rachavikrampur was purchased by the decree- holders subject; of course to the previous mortgages and delivery of possession was also taken on 21-6-1938 (Ext. 3). It will be noticed that this delivery of possession was symbolical in the sense that it related to the equity of redemption only in respect of the disputed plots inasmuch as admittedly at that time those plots were in the possession of the first mortgagee Lachhanna.