ALLA SUBBAREDDI Vs. LANKIREDDI NARAYANASWAMIREDDI

JUDGEMENT

(1.) C.M.P. No. 3369 of 1948 was filed by the second plaintiff in O.S. No. 354 of 1947 on the file of the Court of the District Munsiff of Bezwada for transfer of the suit to this Court and for passing interlocutory orders and for retransferring the same. Along with this application he also filed C.M.P. No. 3370 of 1948 to appoint the Tahsildar of Bezwada or any other proper person as receiver for the properties involved in the suit O.S. No. 354 of 1947. Those applications were moved before me in the Vacation Court and came up for orders on the 19th of May, 1948.

(2.) Plaintiffs 1 and 2 instituted O.S. No. 354 of 1947 for a permanent injunction restraining the first defendant, the Zamindar, from disturbing their possession of certain lanka lands of the extent of 150 acres. Their case was that these lankas were in their possession for a continuous period of about 8 years, the last of the leases in their favour expiring by 30 June, 1947, and that the Zamindar notwithstanding the fact that they had acquired occupancy rights in the lankas was attempting to lease the properties to others and was seeking to disturb their possession. In the first instance only the Zamindar was impleaded as the sole defendant. They also applied along with the suit, in I.A. No. 1057 of 1947 for an interim injunction against the defendants, and an ex parte order was passed on the 21 June, 1947. Before the order could be served on the Zamindar he died on the 24 June, 1947, and subsequently his legal representatives were impleaded as defendants 2 and 3. By a further application the injunction was extended to the legal representatives also. Meanwhile the Zamindar seems to have leased the property to defendants 4 and 5 on the 4 of July, 1947, that is, after the institution of the suit by the plaintiffs which was filed on the 19 of June, 1947. As the plaintiffs apprehended disturbance of possession by defendants 4 and 5 they took proceedings under Section 144 of the Criminal Procedure Code in M.C. No. 67 of 1947 on the file of the Sub-Divisional Magistrate's Court, Bezwada, and obtained an ex parte order against defendants 4 and 5 which was current for a period of one month. A commissioner was appointed in LA. No. 1694 of 1947 to inspect and report as to who was in possession of the property, and he submitted a report that the plaintiffs were in possession. When the order under Section 144, Criminal Procedure Code, was about to expire the plaintiffs seem to have moved the Minister for extension of the order, and the Government seems to have directed the District Collector to go into the matter. The District Collector seems to have suggested proceedings under Section 145, Criminal Procedure Code, and the plaintiffs filed M.C. No. 18 of 1948 under Section 145, Criminal Procedure Code and a preliminary order was passed on 8 March, 1948. Pending these proceedings the Tahsildar of Bezwada was appointed receiver to auction the crops on the lands which were claimed to have been raised by both the parties. On their own application defendants 4 and 5 were impleaded as parties to the suit. On the 17 of May, 1948, while the receiver was in possession of the property the defendants 4 and 5 filed Crl.R.C. No. 586 of 1948 before the Vacation Judge to quash the proceedings under Section 145, Criminal Procedure Code. On the 18 of May, 1948, Yahya Ali, J., passed the following order in Crl. M.P. No. 1162 of 1948 : Further proceedings in M.C. No. 18 of 1948 will be stayed. This does not amount to disturbing the possession of the receiver appointed by the Magistrate. Apprehending that the receiver appointed by the Criminal Court would vacate possession of the property the second plaintiff moved for transfer of the suit to this Court and for an interim order. As I have already said, these petitions came before me on the 19 of May. On the transfer petition I ordered notice, and on the petition for an interim Order I passed the following order on that date: The Tahsildar of Bezwada is to continue as receiver in respect of the suit properties pending further orders in the Civil Miscellaneous Petition. He is at liberty to lease out the suit properties by public auction.

(3.) In pursuance of this order the Tahsildar seems to have auctioned the leasehold right on the 25 of June, 1948, and one Janga Ramireddi became the highest bidder for the cultivation right of this fasli for a sum of Rs. 7,900.