K VENUGOPAL DIED Vs. COMMISSIONER AND SECY

JUDGEMENT

(1.) THE second appeal was admitted on the following substantial questions of law:

(2.) THE sole appellant died pending second appeal. THErefore his legal representatives have been brought on record. THE deceased sole appellant was the only plaintiff in the suit. THE respondents are the defendants in the suit. THErefore for convenience sake in this judgment the parties to the suit would be referred to as the plaintiff and defendants. THE plaintiff filed the suit in O.S.No.270/1987 before the District Munsif, Bhavani for a declaration that he belongs to Konda Reddy Community coming under the list of Scheduled Tribe in the Constitution and for an injunction restraining defendants 1 to 4 from verifying, challenging and cancelling the community certificate issued by the head quarters Deputy Tahsildar and for other reliefs. Defendants 1 to 3 filed a common written statement and D4 filed a separate written statement. THE plaintiff examined, in support of his case, two witnesses as P.Ws.1 and 2, including himself as P.W.1 and marked as many as 34 exhibits as Exs.A1 to A34. On behalf of defendants 1 to 3, two witnesses were examined as D.Ws.1 and 2 and one exhibit was marked as Ex.B1. THE learned trial Judge on merits decreed the suit as prayed for. On appeal by defendants 1 to 3 in the suit, the learned appellate Judge allowed the appeal thereby setting aside the decree of the trial court. That is how the plaintiff is before this court in the second appeal, which was admitted, as already stated, on the questions of law referred to earlier. Heard Mr.N.Kannadasan learned counsel appearing for the plaintiff and Mr.M.C.Swamy learned Special Government Pleader appearing for defendants 1 to 3.

(3.) ON the above contents of the order, the learned appellate Judge proceeded to state as follows: