NADIMPALLI NARAYANARAJU Vs. YENNAMSETTI SURYANARAYUDU

JUDGEMENT

(1.) This is an appeal by the plaintiffs from a decree of the High Court of Madras (16 October 1937), dismissing a suit brought in the Court of the Subordinate Judge at Vizagapatam to recover possession of certain agricultural lands in the village of Thagarampudi. The trial Court's decree (17 December 1927), had been in favour of the plaintiffs. Of the defendants to the suit (who numbered 15) five are respondents to this appeal : the first three respondents (defendants 3 to 5) being the persons in possession of the suit lands, while respondents 4 and 5 (defendants 14 and 15) are impleaded as persons claiming title thereto as against the plaintiffs. Much of the detail of the case has for the purposes of this appeal become unimportant; since the decree appealed from did not decide the question of title disputed between the plaintiffs and respondents 4 and 5, but dismissed the plaintiffs' claim to eject the first three respondents on the ground that the plaintiffs were landholders within the meaning of the Madras Estates Land Act (Madras Act 1 of 1908) and by S. 9 thereof could not maintain ejectment in the Civil Court against a ryot. The plaintiffs claim title under Ex. C, an instrument dated 11 May 1811, which is expressed as follows : Patta, dated Saturday the 3 day of Vaisakha Bahulam of the year Prajotpatti (11 May 1811), executed and granted by Sri Narayana Gajapathiraju Maharajulingaru, to Nadimpalli Venkatapatiraju.

(2.) Whereas, in the village of Thagarampudi of my mokhasa (lands granted either free as reward or on light rent) Vaddade taluk, I have granted to you land fetching a fixed rent of Rs. 300, as manyam, and 10 visams (1/8 part) of land known as the vudika manu garuvu (name of land) for a tope to be planted thereon, you shall bring them to extensive cultivation and profits, and be living happily, enjoying the same hereditarily.

(3.) The grantor was the proprietor of the estate of Vizianagaram and the grantee Venkatapatiraju was the eldest of three brothers who were joint. The other two were called Murtiraju and Gajapatiraju. By what right the grantor could afterwards modify his grant is a question which has not been clearly answered, but by a letter to the grantee dated 21st August 1826, he purported to impose for the future a rent on payment of Rs. 50 per annum and this has ever since been paid. The terms of the letter are as follows : In respect of the land granted to you in the village of Thagarampudi, a reduction of Rs. 50 has been ordered from the current year Vijaya, and deducted out of your muzara. So, you shall pay these Rs. 50 every year in our Sirkar and be obtaining receipts.