TADEPALLE VENKATASASTRI Vs. PARICHI UMAMAHESWARA VENKATA JAGANNADHA RAO

JUDGEMENT

(1.) The appellant was the plaintiff in a suit instituted before the District Munsiff of Repalle claiming a declaration that the decree in Summary Suit No. 4 of 1938 heard by the Revenue Divisional Officer, Tenali, whose decision was upheld on appeal by the District Collector, Guntur, and subsequently by the Board of Revenue, is not binding upon him. The sole matter requiring consideration is whether the Revenue Court had jurisdiction to entertain the summary suit.

(2.) The appellant had occupied the office of a Karnam of a village named Surapalli for many years. In Summary Suit No. 4 of 1938 the plaintiff in that suit the defendant in the proceedings out of which this appeal arises, claimed that he was properly the karnam of the village. The ultimate result of the appeal to the Board of Revenue was that there was a decree in favour of the plaintiff in the summary suit. It is in respect of that decision that the present appellant seeks a declaration that that decision is wrong, null and void, and is not binding upon him.

(3.) If the Revenue Courts had jurisdiction to entertain the suit, and it would follow the appeals from the decision in the suit, then the present proceeding by the appellant has no foundation and must fail. The matter came on second appeal before Rajamannar, J. who found that the Revenue Courts had jurisdiction, the Civil Courts had not jurisdiction, and he decided the appeal against the contentions of the present appellant ; but he gave leave for an appeal pursuant to the Letters Patent. Hence the matter has come before this Bench.