MOOLINTI VEERANA GOWD Vs. DEVARINTI BHIMA REDDY

JUDGEMENT

(1.) THIS is a suit in ejectment. The Government granted a patta to one Veerappa. The pattadar, together with a brother of his, executed a mortgage in favour of the plaintiff in March 1393. On the 5th July, the pattadar relinquished the land to the Government. It lay waste for some time and the Government afterwards granted a patta to the defendant. The plaintiff instituted a suit on his mortgage after the land had been relinquished by Veerappa, got a decree and brought the land to sale in 1900 and was afterwards able to induce the Revenue Authorities to grant him a patta. He claims to be entitled to recover the land from the defendant on the strength of the patta granted to him. The District Munsif and the Subordinate Judge dismissed the suit. The Subordinate Judge observes that the relinquishment put an end to the plaintiff s right under the mortgage. It is not necessary to decide whether the opinion is sound. Assuming that the mortgage was unaffected by the relinquishment by Veerappa, this fact would be of no use to the plaintiff. Veerappa had executed a relinquishment in favour of Government before the plaintiff instituted the suit. The plaintiff s decree and sale can give him no right to recover the land against an individual, who claims under a title granted by Government. On this ground, we uphold the decree of the lower Courts.

(2.) THE plaintiff claims also to recover the assessment he paid after he got his patta. He has no cause of action against the defendant. He did not make the payment on defendant s behalf. He paid the assessment voluntarily. THE second appeal is dismissed with costs.