VABALAREDDI MALLAYA AND ORS Vs. NAYANA GAJAPATHIRAJU MANYA SULTAN BAHADUR, TRUSTEE OF VIZIANGARAM ESTATE

JUDGEMENT

(1.) The first point argued in this second appeal, by Mr. Appa Rao for the appellant, is that the present suit is incompetent, as the plaintiff did not get a decree from the Collector fixing the rate of rent.

(2.) His contention is that Section 77 of the Estates Land Act had no application to a case like the present one as the amount claimed is not an arrear of rent; for, the rent had not been fixed by the Collector or agreed upon by the tender of patta and the exchange of muchilika. The defendants are admittedly ryots, who have occupancy right to their holding.

(3.) The plaintiff sued in O.S. No. 699 of 1914, in the District Munsif s Court of Chodavaram, for ejecting the appellants from their holdings on the ground that they were not tenants.