MADDU YERRAYYA Vs. YADULLA KANGALI NAIDU

JUDGEMENT

(1.) WE are unable to uphold the decision of the District Judge. The plaintiffs are inamdars. They sue to eject the defendant, who and whose predecessors have been in possession for about fifty years. The plaintiffs have given no evidence of a right to eject the defendant which the Judge is inclined to accept. If the plaintiffs inam were in a zemindari they could not be in a better position as regards the right to eject the defendant than the zemindar who created the inam. If the inam was situated outside a zemindari and was granted by Government there would be no presumption in their favour that they were entitled to eject. The decision in Achayya V/s. Hanumantrayudu (1891) I. L.R. 14 M. 269 has been explained as based on the particular facts of that case in Cheekati Zamindar V/s. Ramasooroo Dhore (1899) I.L.R. 23 M. 381 at 321. As the plaintiffs have failed to prove a right to eject the defendant we must reverse the District Judge's decree and restore that of the Munsif with costs here and in the lower appellate Court.