BATCHU CHINNA VENKATRAYUDU Vs. DUVVURI RAMAMURTI

JUDGEMENT

(1.) This is an appeal from a decree giving the plaintiff, the Zamindar of Pittapur, a declaration that the suit lands are his jeroyiti lands and not the inam lands of the first defendant.

(2.) [Their Lordships dealt with the evidence and proceeded as follows:].

(3.) On the whole we see no reason to differ from the conclusion of the Subordinate Judge that there has been a wrongful transfer by the first defendant of the jeroyiti lands held by him in the zamindari to his inam lands in the same village. The Subordinate Judge has given the plaintiff a declaratory decree for the whole extent of the lands claimed by him and it is admitted that he has failed to make any allowance to the extent of the inam lands in the village which the first defendant undoubtedly is entitled to. The question then is what is the inam area to which he should be held entitled. As we have said the whole area of his family inam was shown in the inam register (Exhibit P) at about five acres of which he retained two acres. There is some evidence given by the karnam that his family was cultivating for a long time thirteen acres and it is of course possible that there has been some encroachment for some time. On the whole we have come to the conclusion that making a liberal allowance in favour of the first defendant, the plaintiff is entitled to a declaration that Survey No. 298 consisting of 2948 constitutes his jeroyiti lands.